The Short Answer

In Florida, if co-owned (often inherited) land is sold through a partition case, the buyer generally expects to receive the property without other people continuing to live there unless they have a valid legal right to remain (like a lease or recorded interest). Relatives living in mobile homes on the land may have to move, and the mobile home itself may be treated differently depending on whether it is legally “real property” or “personal property.”

What Florida Law Says

A partition action is the legal process used when co-owners cannot agree on what to do with jointly owned property. If the court determines the property cannot be fairly divided “in kind,” it can order a sale and then divide the proceeds among the owners based on their interests. When the land is sold, occupancy issues (including family members living there) become a major practical and legal problem—because the court’s goal is to transfer marketable title and distribute proceeds, not to preserve informal living arrangements.

The Statute

The primary law governing court-ordered partition sales is Fla. Stat. § 64.071.

This statute establishes that if the court finds the property cannot be partitioned without prejudice to the owners, the court may order the land sold (typically at public auction) and the sale proceeds paid into the court to be divided among the parties according to their ownership interests.

Why You Should Speak with an Attorney

While the statute provides the general rule (sale and division of proceeds), applying it to relatives living on the land—especially in mobile homes—can get complicated fast. Legal outcomes often depend on:

• Strict Deadlines: Partition cases move on court schedules, and there are time-sensitive opportunities that can affect whether the property is sold versus bought out by a co-owner (particularly in inherited-property situations).
• Burden of Proof: If someone claims a right to stay (for example, a lease, a life estate, or an ownership interest), that claim usually must be proven with documents and credible evidence—not just family history or verbal agreements.
• Exceptions (and “mobile home” issues): A mobile home may be treated as personal property or as part of the real estate depending on how it is titled/affixed and whether it has been legally converted. That classification can change what gets sold, what must be moved, and who has rights to the structure versus the land.

Trying to handle this alone can lead to avoidable conflict, a reduced sale price, or court orders that force a rushed move-out. A Florida probate/partition attorney can evaluate the occupants’ legal status, the mobile home’s classification, and how to protect your interests while the case is pending.

If you want more background, you may also find these helpful: How does a partition action work in Florida? and Can a co-owner be forced to move out during a partition case?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.