How to compel a sale or division of family land co-owned with siblings and their children under Florida law

Disclaimer: I am not a lawyer and this is not legal advice. The information below explains general Florida law and common steps people take. For advice specific to your situation, consult a licensed Florida attorney.

Detailed Answer — Overview and legal basis

Under Florida law, any co-owner of real property generally has the right to seek a court-ordered partition when owners cannot agree on use or disposition. A partition action asks the court to divide the property physically among the co-owners (partition in kind) or, if physical division is impracticable, to sell the property and divide the sale proceeds among the owners (partition by sale).

The statutory framework for partition actions in Florida is found in Chapter 64 of the Florida Statutes. See Florida Statutes, Chapter 64 — Partition of Property: https://www.flsenate.gov/Laws/Statutes/2024/Chapter64.

Who can file

Any co-owner on record can bring a partition action. Co-owners include tenants in common and joint tenants. (Tenancy by the entirety applies only to married couples and has different rules.) The action is typically filed in the circuit court for the county where the property is located.

Preferred outcome: partition in kind vs. sale

The court prefers partition in kind when it can fairly divide the land without greatly reducing value or creating unreasonable inconvenience to owners. If the court finds a fair physical division is impracticable (for example, a single family house on a small lot), it will order a sale and split the net proceeds among owners according to their ownership shares.

How the court handles the process

When you file, the court may appoint commissioners or a special master to examine the property, determine whether a division is feasible, value the property, and oversee a sale if the court orders sale. The chapter 64 process sets out the court’s powers to partition, sell, and distribute proceeds.

Step-by-step practical process in Florida

Confirm ownership and shares. Pull the deed(s) from the county recorder to identify all legal owners and the form of ownership (tenants in common, joint tenants, etc.).
Attempt negotiation and mediation. Offer a buyout, trade, or voluntary division. Florida courts favor settlement; mediation can save time and cost.
Prepare documentation. Gather deeds, surveys, tax records, mortgage statements, boundary surveys, and any written agreements among owners about the property.
Send a written demand. Send co-owners a formal written demand to partition or sell. This can be useful evidence that you tried to resolve the dispute before litigation.
File a partition action in circuit court. If negotiation fails, file for partition in the county where the property sits. The complaint asks the court to determine ownership shares and order partition in kind or sale.
Court evaluation. The court may order appraisals and surveys and then decide whether an in-kind division is feasible. If so, the court will describe how to divide the property.
Sale (if ordered). If the court orders sale, it typically directs a public sale under court supervision and appoints commissioners to handle sale logistics and distribution of proceeds after liens and costs.
Distribution and closing. After sale, the court approves the distribution plan and issues an order directing the clerk to distribute proceeds per the ownership shares, after paying mortgages, liens, costs, and court-approved fees.

Practical considerations and potential complications

Co-owners who invested significantly in improvements or who hold liens (e.g., unpaid mortgage) can affect how proceeds are divided.
If minors or incapacitated persons own an interest, the court may require a guardian or guardian ad litem and must protect those interests.
Creditors with valid liens can claim against sale proceeds.
Family relationships often complicate negotiation. Courts are neutral; they resolve ownership and value, not family disputes.
Timing: a partition action can take many months or longer if parties contest valuation, liens, or procedural issues.

When a buyout is often the best choice

A common and less costly solution is for one co-owner (or a coalition of co-owners) to buy the others out at fair market value. Obtain a professional appraisal, agree on price and terms, update the deed, and record the transaction.

Costs, attorney’s fees, and tax considerations

Each party typically pays their own attorney fees unless a contract or statute shifts fees. Court costs and expenses for appraisals, surveys, and commissioners generally come out of sale proceeds or are apportioned by the court. Discuss tax consequences with an accountant—sale proceeds may have capital gains tax implications.

What to avoid

Do not “self-help” by changing locks, removing occupants, or selling the property without agreement or court order.
Avoid informal agreements that you cannot document or enforce.
Do not ignore a properly served partition complaint; failing to respond can allow the other side to get judgment by default.

Statutes and resources

Primary statutory authority: Chapter 64, Florida Statutes (Partition of Property). Read the statute for procedure, commissioners, sale procedures, and distribution: https://www.flsenate.gov/Laws/Statutes/2024/Chapter64.

Helpful Hints

Get the deed early. Identify all owners, their addresses, and any liens.
Order a current boundary survey and a professional appraisal before negotiating—accurate numbers help settlements.
Offer mediation. Courts often require or encourage alternative dispute resolution first.
Consider a phased approach: try buyout offers, then mediation, then litigation as a last resort.
Document every communication in writing. Emails and letters help prove attempts to resolve the matter amicably.
Talk to a Florida real property attorney about likely costs, timeline, and how local judges handle partition cases in your county.
If some owners cannot be located, an attorney can advise on substituted service or publication procedures required by the court.

If you want, provide basic details (form of title, number of owners, presence of mortgages or liens, whether the property can be physically divided) and I can outline likely next steps you could discuss with a Florida real property attorney.