How to Force the Sale of Real Estate in Florida
Often because of an inheritance or a change in circumstances, two unmarried people end up jointly owning real estate. This
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When you co-own property with someone and can’t agree on what to do with it — whether to sell, who should live there, or how to split the proceeds — Florida law gives you a powerful remedy: a partition action. It’s your legal right to force the property to be sold or divided, and no co-owner can stop you.
At Zoecklein Law, we handle partition actions across Florida for co-owners stuck in inherited property, failed relationships, dissolved business ventures, and family disputes. We move aggressively to get you out of a property you don’t want to be in — or to protect your interests if someone has filed a partition against you.
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A partition action is a lawsuit filed under Chapter 64 of the Florida Statutes that asks the court to divide or sell property that is co-owned by two or more people who cannot agree on its disposition. Florida courts have long recognized that no co-owner should be forced to remain “locked in” to a property against their will.
The right to partition is considered nearly absolute in Florida. As long as you own an interest in the property, you can file for partition — even if the other co-owners object. The court will then determine whether the property should be physically divided or sold, and how the proceeds should be distributed.
Partition actions are filed in the circuit court of the county where the property is located. They are civil lawsuits with full discovery, potential hearings, and a final judgment.
If any of these situations sound familiar, a partition action may be your best path forward:
Inherited Property with Disagreeing Heirs
This is by far the most common partition scenario we see. A parent or grandparent dies and leaves a house to multiple children or heirs. One heir wants to sell, another wants to keep it, and a third is living in the property rent-free. Nobody can agree, and the property sits in limbo — often deteriorating while taxes and maintenance pile up. A partition action breaks the deadlock.
Unmarried Couples Who Purchased Property Together
When an unmarried couple buys a home together and the relationship ends, there’s no divorce court to divide the property. If one partner refuses to sell or buy the other out, a partition action is the legal mechanism to force a resolution.
Business Partners or Investors Who Disagree
Two or more people invested in a property together — perhaps a rental, a commercial building, or vacant land — and now they can’t agree on whether to sell, develop, or continue holding it. A partition action forces the issue.
One Co-Owner Is Living in the Property and Won’t Cooperate
A co-owner is occupying the property, refusing to sell, refusing to pay you rent for your ownership share, and possibly not contributing to the mortgage, taxes, or upkeep. You’re stuck paying for a property you can’t use. A partition action gets you out.
Family Disputes After Probate
Even after a probate case distributes property to multiple heirs, the heirs often can’t agree on what to do with it. As both probate attorneys and partition litigators, we frequently handle the transition from a completed probate directly into a partition action when heirs reach an impasse.
The majority of our partition cases originate from inheritance situations. A property owner dies, multiple heirs end up on the deed, and disagreement follows. As a firm that handles both probate and partition litigation, we often manage the probate administration and the partition action as a single coordinated engagement — saving you time, money, and the frustration of hiring separate attorneys.
When the court orders a partition, there are two possible outcomes:
Partition in Kind (Physical Division)
The property is physically divided among the co-owners, with each receiving a separate parcel. This is the court’s preferred remedy when feasible. However, partition in kind is only practical for certain types of property — typically large tracts of vacant land that can be subdivided. You can’t physically divide a single-family home, a condo, or a small lot.
Partition by Sale (Forced Sale)
When partition in kind is not practical — which is the case in the vast majority of residential partition actions — the court orders the property to be sold. The sale can occur as either a private sale (listed on the open market with a real estate agent, typically yielding a higher price) or a public sale (judicial auction on the courthouse steps). The net proceeds are then distributed among the co-owners in proportion to their ownership interests, after accounting for offsets.
In most cases involving a single-family home or improved property, the court will order a partition by sale. Our attorneys advocate for a private sale whenever possible, as this typically generates a significantly higher sale price than a courthouse auction.
Florida adopted the Uniform Partition of Heirs Property Act (UPHPA), which provides important additional protections when the property at issue is “heirs property” — meaning it was acquired by multiple family members through inheritance, either with or without a will.
If the court determines that the property qualifies as heirs property, the partition process includes several additional steps designed to protect family members from being forced into a below-market sale:
Court-Ordered Appraisal
The court must order a professional appraisal to determine the property’s fair market value. This prevents the property from being sold at a steep discount through a courthouse auction without the co-owners understanding its true worth.
Right of First Refusal (Buyout Opportunity)
Before the property can be sold to a third party, the non-petitioning co-owners have the right to buy out the petitioner’s share at the appraised value. This gives family members who want to keep the property a fair opportunity to do so.
Enhanced Factors for Sale Determination
If no co-owner exercises the buyout option, the court must consider additional factors before ordering a sale — including the property’s sentimental or historic value to the family, whether any co-owner uses the property as a primary residence, and whether a partition in kind is feasible. If a sale is ordered, the court must order an open-market sale unless doing so would be impractical.
The UPHPA was enacted to address a longstanding problem: family-owned property, often held for generations, being forced into below-market courthouse sales that wiped out family wealth. If you’re dealing with inherited property and a partition action has been filed against you, it’s critical to determine whether the property qualifies as heirs property — because the additional protections can significantly change the outcome.
In most partition cases, the co-owners have not contributed equally to the property’s expenses. One person may have been paying the mortgage, property taxes, insurance, and maintenance for years while the other contributed nothing. Florida’s partition law accounts for this.
When the property is sold and the proceeds are distributed, the court can award offsets and credits to the co-owner who paid more than their fair share of:
Conversely, a co-owner who was living in the property without paying rent to the other co-owners may owe a credit for the fair rental value of their exclusive use of the property.
Properly documenting and proving these offsets is critical to ensuring you receive your full share of the proceeds. Our attorneys build the accounting case from the outset so nothing is left on the table.
Warning Signs That Real Estate Fraud Has Occurred
One of the most important things to know about Florida partition actions is that attorney fees and costs are typically paid from the sale proceeds, not out of your pocket.
Under Fla. Stat. § 64.081, the court awards attorney fees and costs to be paid from the proceeds of the partition sale, apportioned among the parties based on their ownership interests and the benefit each attorney’s work provided to the partition. This means each co-owner effectively pays their proportional share of the total fees from what they receive at closing.
This fee structure is one of the reasons partition actions are an accessible remedy even when the co-owners don’t have significant cash available upfront. We’ll explain exactly how the fee arrangement works during your free consultation.
While every case is different, a Florida partition action generally follows these steps:
Step 1: Demand Letter & Negotiation
Before filing a lawsuit, we typically send a demand letter to the other co-owners outlining your position and proposing a resolution — whether that’s a voluntary sale, a buyout, or another arrangement. Many partition disputes can be resolved at this stage without the expense of litigation.
Step 2: Filing the Partition Complaint
If negotiation fails, we file a partition complaint in the circuit court of the county where the property is located. The complaint identifies all co-owners, describes the property, states each party’s ownership interest, and asks the court to order partition.
Step 3: Heirs Property Determination (If Applicable)
If the property was acquired through inheritance, the court must determine whether it qualifies as “heirs property” under the UPHPA. If it does, the additional protections described above kick in — including the mandatory appraisal and right of first refusal.
Step 4: Court Order for Sale or Division
The court enters a judgment ordering either partition in kind (physical division) or partition by sale. For most residential properties, this will be a sale. The court determines whether the sale should be private (open market) or public (auction).
Step 5: Sale, Accounting & Distribution
The property is sold, and the court oversees the distribution of proceeds. This includes accounting for each party’s offsets and credits (mortgage payments, taxes, improvements, rent credits, etc.), attorney fees and costs, and each party’s proportional ownership share. The final distribution is ordered by the court.
If another co-owner has filed a partition action and you want to keep the property, your options are limited but real:
Buy Out the Other Co-Owner
The most straightforward defense is to buy out the petitioner’s interest at fair market value. If the property qualifies as heirs property, you have a statutory right of first refusal to do this. Even if it’s not heirs property, a negotiated buyout is often the most efficient resolution.
Challenge the Accounting
Even if you can’t stop the sale, you can fight to ensure the proceeds are distributed fairly. If you’ve been paying the mortgage, taxes, and upkeep, you’re entitled to credits. If the petitioner has been living in the property rent-free, you can argue for a rental offset. The accounting matters enormously in determining how much each party actually receives.
Argue for Partition in Kind
If the property can be physically divided (e.g., a large tract of land), you can argue that division is more equitable than a sale. The court prefers partition in kind when it’s feasible.
Negotiate a Settlement
Many partition cases settle before judgment. We can negotiate a resolution that protects your interests — whether that’s a delayed sale, a structured buyout, or a private agreement about how the property will be used or sold.
✓ Probate + Partition Under One Roof
Most of our partition cases come from inheritance situations. As a firm that handles both probate administration and partition litigation, we understand the full lifecycle — from the death of the property owner through the final distribution of sale proceeds. You get one firm handling the entire matter instead of two.
✓ We Litigate Partitions Statewide
We handle partition actions in counties across Florida. Whether your co-owned property is in Hillsborough, Pinellas, Polk, Sarasota, Manatee, or elsewhere, we file in the appropriate circuit court.
✓ Aggressive on Offsets and Credits
If you’ve been carrying the financial burden of a co-owned property, we build a thorough accounting case to ensure you get credit for every dollar of mortgage payments, taxes, insurance, and improvements. We don’t leave money on the table.
✓ We Advocate for Private Sales
Courthouse auctions often yield below-market prices. We push for private, open-market sales whenever possible to maximize the total proceeds for all parties.
✓ Se Habla Español
Our team proudly serves Florida’s Spanish-speaking community with the same care and expertise.
Often because of an inheritance or a change in circumstances, two unmarried people end up jointly owning real estate. This
Understanding Property Partition in Florida: Recent Changes Under the Uniform Partition of Heirs Property Act Key Takeaway: Florida’s updated partition
In a partition proceeding in Florida, an accounting must be conducted to determine whether each co-owner has paid their fair
What is a Partition in Florida? In Florida, partition is a legal process by which co-owners of a property can
The case of Morrison v. Smolarick, No. 2D20-2693, is a decision made by the District Court of Appeal of Florida,
Yes. Florida law gives every co-owner the right to file a partition action to force the sale or division of co-owned property. This right is considered nearly absolute — the other co-owners cannot prevent you from partitioning the property simply because they don’t want to sell. The court will determine whether the property should be divided or sold and how the proceeds are distributed.
Partition actions typically take four to eight months from filing to the completion of the sale, though contested cases can take longer. The timeline depends on factors like whether the case is contested, whether the property qualifies as heirs property (which adds additional steps), and how quickly the property sells once a sale is ordered.
Costs vary depending on complexity. However, under Fla. Stat. § 64.081, attorney fees and costs in a partition action are paid from the proceeds of the sale, apportioned among the parties based on their ownership interests. This means you don’t necessarily need significant cash upfront to pursue a partition. We’ll explain the fee structure during your free consultation.
Heirs property is real property that was acquired by two or more family members through inheritance, either with or without a will. If property qualifies as heirs property under Florida’s Uniform Partition of Heirs Property Act (UPHPA), additional protections apply — including a mandatory appraisal, a right of first refusal for co-owners who want to buy out the petitioner, and a preference for open-market sales over courthouse auctions.
Yes. In a partition action, the court accounts for each co-owner’s contributions to mortgage payments, property taxes, insurance, maintenance, and improvements when distributing the sale proceeds. If you’ve been paying more than your proportional share, you’re entitled to an offset. Similarly, if a co-owner has been living in the property exclusively, you may be entitled to a credit for the fair rental value of their use.
Generally, no. The right to partition is nearly absolute in Florida. A co-owner cannot prevent a partition simply because they want to keep the property. However, they may be able to buy out the petitioner’s share (particularly in heirs property cases, where a statutory right of first refusal exists) or negotiate a settlement that avoids a forced sale.
A private sale means the property is listed on the open market, typically with a real estate agent, and sold to the highest bidder through a standard real estate transaction. A public sale is a judicial auction held at the courthouse. Private sales generally yield significantly higher prices than public auctions. Our attorneys advocate for private sales whenever possible to maximize proceeds for all parties.
Yes. Inherited property is one of the most common subjects of partition actions. When multiple heirs inherit property together and can’t agree on what to do with it, any heir can file a partition action. If the property qualifies as heirs property, the UPHPA’s additional protections will apply.
Your best option is to buy out the other co-owner’s interest at fair market value. If the property qualifies as heirs property, you have a statutory right of first refusal to purchase the petitioner’s share at the appraised value before the court can order a sale to a third party. If you can’t afford a buyout, you may be able to negotiate a delayed sale or financing arrangement.
While there’s no legal requirement to have a lawyer, partition actions are complex civil lawsuits involving real property law, accounting for offsets and credits, potential heirs property determinations, and court-supervised sales. The other side will almost certainly have legal representation. Having an experienced partition attorney protects your interests and ensures you receive your full share of the proceeds.
Every month you remain stuck in a co-owned property dispute, you’re losing money — to mortgage payments on a property you can’t use, taxes on property you can’t sell, and opportunity cost on equity you can’t access. Florida law gives you the right to force a resolution. Use it.
Contact Zoecklein Law today for a free consultation. We’ll evaluate your ownership interest, explain your options, and get the process started.
