Quick Read Summary (TLDR)

Any co-owner, regardless of ownership percentage, can file a partition action under Florida Statutes Chapter 64 to force either a physical division of the property or, more commonly, a court-ordered sale of inherited property. Florida’s 2020 Uniform Partition of Heirs Property Act added protections requiring a professional appraisal and giving non-selling heirs the opportunity to buy out those who want to sell at fair market value. The court also considers factors like family history with the property and whether heirs contributed their fair share of expenses before ordering a sale.

Partition litigation can be expensive since attorney’s fees are shared proportionally among all owners, and court-ordered sales typically bring lower prices than traditional market sales.

Don’t attempt to “go it alone.” Reach out to South Floida Law for legal representation by calling (954) 900-8885 or via our contact form.

When siblings inherit real estate together in Florida, disagreements often arise about what to do with the property. One common and frustrating scenario occurs when one heir wants to keep the family home, sometimes even living there rent-free, while the other heirs need to sell. The good news for those who want to sell is that Florida law does not allow one heir to permanently block a sale.

How Inherited Property Ownership Works

When a parent or other family member passes away and leaves real estate to multiple heirs, those heirs typically become co-owners known as “tenants in common.” This means each heir has equal rights to use the entire property, but no physical boundary separates who owns what portion. Every heir has full access to the property, even if they only own a percentage of it.

This shared ownership structure works well when everyone agrees on what to do with the property. Problems arise when one sibling wants to sell while another refuses to cooperate, won’t sign paperwork, or simply ignores requests to discuss the matter.

The Nightmare Scenario: One Heir Living Rent-Free

One of the most contentious situations occurs when one heir moves into the inherited property and lives there without paying rent or contributing to expenses, while other heirs who live elsewhere receive no benefit from their ownership share. Under Florida case law, a tenant in common who has exclusive possession of property and uses it for personal benefit is generally not required to pay rent to the other co-owners, unless the possessing heir has “ousted” or excluded the other owners from the property.

However, each co-owner remains responsible for their proportionate share of property expenses, including mortgage payments, property taxes, insurance, and necessary repairs. When a partition action is eventually filed, the court will conduct an equitable accounting. The heir who paid all the expenses may receive credit for the other heirs’ unpaid shares, while heirs living in the property without paying fair market rent may have that value offset against any amounts owed to them.

“When a partition action is eventually filed, the court will conduct an equitable accounting. The heir who paid all the expenses may receive credit for the other heirs’ unpaid shares…”

Partition Actions: The Legal Solution

Florida Statutes Chapter 64 provides the legal remedy when co-owners cannot agree on what to do with shared property. Any co-owner, regardless of how small their ownership percentage, can file a partition action to force a resolution. This lawsuit asks the court to either divide the property physically or, more commonly with residential real estate, order it sold with proceeds distributed among the owners.

If the estate is still in probate, the partition action can be filed under Florida Statutes Section 733.814. If probate has already closed, the partition must proceed under Chapter 64 as an independent civil lawsuit filed in the county where the property is located.

Florida’s Uniform Partition of Heirs Property Act

In 2020, Florida enacted the Uniform Partition of Heirs Property Act, which added important protections for family members who inherit property together. Under this law, before a court orders a sale, it must determine the property’s fair market value through a professional appraisal. Co-heirs who do not want to sell then have the opportunity to buy out the interests of those who do want to sell at the appraised value.

The court also considers factors such as the family’s history with the property, any sentimental attachment, and whether heirs have contributed their fair share of property expenses. These protections help prevent situations where families lose generational property at below-market prices.

The Cost of Partition Litigation

Heirs considering a partition action should understand that these lawsuits can be expensive and time-consuming. Under Florida law, attorney’s fees are shared by all property owners in proportion to their interests, even those who did not want the lawsuit filed. Court-ordered sales also tend to bring lower prices than traditional market sales, which reduces what each heir ultimately receives.

Seeking Legal Guidance in the Sale of Inherited Property

Given the complexity of partition law and the financial stakes involved, heirs facing disagreements over inherited property should consult with an experienced Florida real estate or probate attorney. A knowledgeable lawyer can explain the options available, help negotiate a buyout or settlement, and guide clients through the partition process if litigation becomes necessary. Attempting to navigate these disputes without legal counsel often leads to costly mistakes and prolonged family conflict.

While one heir cannot permanently block the sale of inherited property in Florida, resolving these disputes requires understanding the legal process and protecting one’s rights every step of the way.

South Florida Law

At South Florida Law we represent our real estate clients with the resources and experience of a larger law firm while retaining boutique firm advantages such as partner-level involvement and attention to detail. Because our clients receive the best of both worlds, we have a solid reputation for effective representation in real estate matters for clients who own or have disputes related to property in the State of Florida.

If you are involved in a dispute with siblings or other family members over a property in Florida, do not attempt to go it alone. Reach out to South Florida Law for professional legal representation today by calling (954) 900-8885 or via our contact form.