What rights do tenants in common have to inspect and use jointly owned property in North Carolina? - Florida
The Short Answer
In Florida, tenants in common generally have the right to possess and use the entire jointly owned property (not just a “piece” of it), so long as they do not exclude the other co-owners. If co-owners cannot agree on access, use, or management, the usual legal remedy is a court-supervised partition case (or, in an estate context, a probate partition request).
What Florida Law Says
Florida law recognizes that co-owners (including tenants in common) may ask the court to determine each person’s ownership interest and, if necessary, divide the property or order a sale so the owners can receive their shares. In probate situations where beneficiaries are receiving undivided interests, Florida also allows partition before the estate is closed.
The Statute
The primary law governing this issue is Fla. Stat. § 64.031.
This statute establishes that any joint tenant or tenant in common may file a partition action against other co-owners and interested parties to have the property divided (or otherwise resolved by the court).
Why You Should Speak with an Attorney
While the general rule is that co-owners have shared rights of possession and use, disputes about “inspection,” access, keys, occupancy, expenses, and whether someone is improperly excluding another owner can escalate quickly. Legal outcomes often depend on:
- Strict Deadlines: If the property is tied to an open Florida probate estate, timing can matter—partition may be pursued before the estate closes, and delays can affect leverage and costs. (See Fla. Stat. § 733.814.)
- Burden of Proof: If you’re claiming you were denied access or effectively “locked out,” you typically need clear evidence of exclusion, communications, and the property’s condition/expenses to support court relief or an equitable accounting.
- Exceptions: Partition cases can involve equitable accounting issues (credits for taxes, insurance, repairs, improvements, or rental value), and special rules may apply if the property qualifies as “heirs property” under Florida’s partition statutes.
Trying to handle a co-owner dispute informally can backfire—especially if one side changes locks, removes personal property, rents the home, or claims reimbursement. A Florida attorney can evaluate your ownership status, document access issues, and pursue the remedy that best protects your share.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
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.