Last updated: June 2026
When two or more people own Florida real estate together, the law imposes mutual financial obligations on each of them. The right of contribution among co-tenants for expenses related to jointly owned property — taxes, mortgage payments, insurance, and necessary repairs — is a well-established principle of Florida law, rooted in equity and fairness. It ensures that co-owners share the financial responsibilities of ownership, and it is enforceable in court even where the co-owners never signed a written agreement. This article explains what co-owners owe one another, how credits and offsets work, and what happens when co-owners no longer want to own the property together.
How Florida Law Treats Co-Owned Property
The obligations between co-owners depend in part on how title is held. Florida recognizes three primary forms of concurrent ownership:
- Tenancy in common — the default when two or more people take title without survivorship language. Each owner holds a distinct, transferable share and there is no automatic survivorship; on death, a share passes through the owner’s estate.
- Joint tenancy with right of survivorship (JTWROS) — on the death of one owner, that interest passes automatically to the surviving owner(s) rather than through probate.
- Tenancy by the entireties — available only to married couples; treats the spouses as a single owner with survivorship and creditor-protection features.
Regardless of form, every co-owner who pays more than their proportional share of a legitimate ownership expense generally has a claim against the others for contribution.
The Right of Contribution Among Co-Owners
The leading Florida case is _Barrow v. Barrow_, 527 So. 2d 1373 (Fla. 1988), in which the Florida Supreme Court addressed how courts handle contribution and accounting between co-tenants in a partition action. The core principle: a co-owner who pays disproportionately for taxes, mortgage principal and interest, insurance, and necessary repairs is entitled to be reimbursed by the other owners for their pro-rata share of those expenditures.
Florida appellate courts have applied this rule consistently:
- _Adkins v. Adkins_, 595 So. 2d 1032 (Fla. 2d DCA 1992) — a cotenant who pays the mortgage, taxes, and insurance is entitled to a credit for the other owners’ shares.
- _Hernandez v. Hernandez_, 645 So. 2d 171 (Fla. 3d DCA 1994) — confirms the right of contribution and addresses how it interacts with one owner’s exclusive use of the property.
Communication Is Key
Many co-ownership disputes are avoidable. Co-owners should agree in advance — ideally in writing — on how mortgage, tax, insurance, and repair costs are split, who lives in or rents the property, and how proceeds are divided on a sale. When that conversation never happens, the dispute usually ends up resolved by the contribution and offset rules described here.
Offsets and Credits — Rent, Improvements, and Ouster
Contribution is not a one-way street. The owner seeking reimbursement may face offsets:
- Rental value / exclusive use. Where one co-owner has excluded the others from the property (an “ouster”) or has exclusively occupied it, the occupying owner may be charged with the reasonable rental value of the others’ shares. See _Bailey v. Parker_, 492 So. 2d 1175 (Fla. 1st DCA 1986).
- Rents collected from third parties. A co-owner who collects rent from a tenant must account to the others for their share of the net rental income.
- Improvements. A co-owner who pays for improvements (as opposed to necessary repairs) may be entitled to a credit, but typically limited to the value added to the property rather than the raw cost.
The net result is an equitable accounting: the court tallies each owner’s contributions and each owner’s offsets, then adjusts the distribution of proceeds accordingly.
When Co-Owners Can’t Agree: The Partition Remedy
No co-owner can be forced to stay in a co-ownership they no longer want. Under Florida’s partition statute, Chapter 64, Florida Statutes, any co-owner has the right to file a partition action asking the court to divide the property or, far more commonly with a single home, to order it sold and the net proceeds divided.
A partition action does two things at once: 1. Ends the co-ownership — typically through a court-ordered sale; and 2. Settles the accounting — the contribution and offset claims described above are resolved within the same lawsuit, so the final distribution of sale proceeds reflects what each owner actually paid in and is owed.
Partition is an equitable remedy, and the prevailing party may be entitled to recover attorney’s fees and costs from the proceeds.
Inherited Property and the Uniform Partition of Heirs Property Act
A very common scenario: siblings inherit the family home and can’t agree on what to do with it. Florida addressed this directly by adopting the Uniform Partition of Heirs Property Act (UPHPA), codified at §§ 64.201–64.210, Florida Statutes (effective July 1, 2020).
For qualifying “heirs property,” the UPHPA adds protections that a standard partition lacks:
- A buyout right — co-owners who want to keep the property can buy out the share of the owner who filed for partition, at a court-determined value, before any sale is ordered.
- A court-ordered appraisal to set fair market value.
- A preference for open-market sale (rather than a quick courthouse-steps auction) to maximize value for the family.
If you inherited a property with siblings or other relatives, the UPHPA often changes the strategy entirely — and it is the single most important development in Florida co-ownership law in the last several years.
How Contribution and Offset Claims Are Decided
In practice, the accounting in a co-ownership dispute turns on documentation. Be prepared to show:
- Proof of what you paid (canceled checks, bank records, mortgage statements, tax receipts, contractor invoices);
- Which expenses were necessary (repairs, taxes, insurance, mortgage) versus discretionary improvements;
- Whether anyone had exclusive use of the property, and the reasonable rental value during that period; and
- Any rent collected from third parties.
The court weighs these equities and adjusts each owner’s share of the proceeds. Good records are usually the difference between a clean recovery and a contested one.
Preguntas frecuentes
Can one co-owner force the sale of a jointly owned Florida property? Yes. Any co-owner may file a partition action under Chapter 64, Florida Statutes. If the property can’t be fairly divided in kind — which is almost always the case with a single house — the court can order it sold and the net proceeds distributed.
Who pays the mortgage if one co-owner moves out? All owners remain responsible for their proportional share of the mortgage, taxes, and insurance. A co-owner who pays more than their share can seek contribution from the others, and those amounts are reconciled when the property is sold or partitioned.
Can I be reimbursed for repairs I paid for alone? Generally yes for necessary repairs, taxes, insurance, and mortgage payments. For improvements, reimbursement is usually limited to the value the improvement added to the property, not the amount you spent.
Can the co-owner living in the house be charged rent? Potentially. If one owner has excluded the others (an “ouster”) or exclusively occupied the property, the court may offset that owner’s contribution claims by the reasonable rental value of the other owners’ shares.
We inherited the house together — is that different? Often, yes. If it qualifies as “heirs property,” the Uniform Partition of Heirs Property Act (§§ 64.201–64.210, Fla. Stat.) gives co-owners a buyout right and other protections before a forced sale.
Talk to a Florida Real Estate and Probate Attorney
Co-ownership disputes are equitable, fact-intensive, and document-driven. Whether you’re seeking contribution, defending an offset claim, or considering a partition or buyout, Zoecklein Law, P.A. can help you protect your share. Call (877) 206-0022 for a free consultation. We represent co-owners in real estate and probate disputes throughout Florida.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. For advice on your specific situation, consult a licensed Florida attorney.
—
