Short answer

Yes. If a co-owner refuses further mediation, Florida law allows a co-owner to ask a court to partition the property. A partition action asks the court either to divide the property among owners (partition in kind) or, if dividing the land is impractical or unfair, to order a sale and divide the sale proceeds. The statutory framework for these cases is in Florida Statutes, Chapter 64 (Partition of Real and Personal Property): Florida Statutes, Ch. 64.

Detailed answer — how a forced sale (partition) works in Florida

1) Who can file and where

Any person who holds an interest in real property in Florida may file a complaint for partition. Partition actions are typically filed in the circuit court in the county where the property sits. The person who files is usually called the plaintiff (or petitioner) and the co-owner who refuses to cooperate is a defendant (or respondent).

2) Two basic types of partition the court can order

• Partition in kind: The court divides the physical property so each owner receives a portion (common for large tracts that can be divided without harming value).
• Partition by sale: The court orders a sale (often a public auction or court-ordered sale) and divides the net proceeds among owners according to their ownership shares.

3) When the court will order sale rather than division

The court evaluates whether division in kind is practical and fair. If dividing the land would be impractical, reduce value, or be inequitable, the court may order sale. The court has discretion to choose the method that best protects all parties’ interests under the statutory scheme in Chapter 64.

4) Typical process and timeline

1. File complaint for partition naming all co-owners and any parties with liens or interests.
2. Serve the other owners and interested parties with the complaint and summons.
3. Court may enter temporary orders (for possession, use, or rents and profits) while the case proceeds.
4. Court can appoint commissioners or referees to survey, value, and, if needed, effectuate division or sale.
5. If the court orders sale, the sale is usually public; proceeds pay liens, costs, and then distribute among owners by ownership share.

Timing varies by case complexity and court calendar. Simple partitions may resolve in a few months; contested matters can take a year or longer.

5) Costs, liens, and distribution

Before splitting sale proceeds, the court will require payment of valid liens (mortgages, tax liens), sale costs, and court costs. The remaining funds are divided according to ownership interests, with possible adjustments for contributions, waste, or improvements one party made.

6) What you can ask the court to do immediately

• Seek temporary possession or an accounting for rents and profits if a co-owner is occupying the property and not sharing income or expenses.
• Ask the court to preserve the property (injunctive relief) to prevent waste or damage.
• Request an appraisal or appointment of commissioners to value the property.

7) Other legal tools and considerations

• Buyout negotiation: Offer to buy the co-owner’s interest using a neutral appraisal to set price.
• Settlement or mediation: Courts often encourage ADR, but refusal by one co-owner does not prevent filing a partition action.
• Adverse conduct claims: If a co-owner intentionally damages property or wrongfully withholds rents, you can ask the court for damages, and the court can account for those losses when dividing proceeds.
• Title problems and liens: Identify mortgages, tax liens, or other encumbrances before filing—those affect who gets paid from a sale.

8) Practical costs and risks

Partition actions involve court filing fees, costs for appraisals and commissioners, and likely attorney fees. Courts can award costs but they rarely cover all attorney fees. The forced sale process may produce a lower market price than a voluntary sale, so weigh whether a negotiated buyout or voluntary sale might result in a better financial outcome.

9) What evidence and documents to gather before filing

• Deeds and chain of title
• Mortgage and lien paperwork
• Property tax bills and insurance records
• Leases, rent records, and expense receipts
• Communications showing attempts to resolve the dispute (mediation attempts, demand letters)

10) Statutes and rules to review

Florida’s partition statutes are the primary law governing these actions: Florida Statutes, Chapter 64 (Partition of Real and Personal Property). Review that chapter for procedural details, duties of commissioners, and how sales and distributions occur.

What to expect next and recommended steps

1. Consult a Florida real property attorney to review your facts and confirm filing strategy.
2. Try a last written settlement offer or buyout proposal—courts view attempts to resolve favorably.
3. If you file, ensure you name all parties and lienholders to avoid later complications.
4. Preserve evidence of ownership, expenses, improvements, and attempts to mediate.

Helpful hints

• Document everything: Keep emails, texts, receipts, and written offers. Courts consider documented attempts to resolve disputes.
• Get at least one professional appraisal before filing; it supports valuation arguments and buyout offers.
• Consider temporary relief early (injunctions, accounting for rents) if the property is at immediate risk or if one owner is pocketing rent unjustly.
• Factor liens and payoff amounts into any buyout proposal—clearing title is essential for sale proceeds to be usable.
• Be realistic about time and cost; sometimes a negotiated sale yields a cleaner financial result than protracted litigation.
• Ask the attorney about potential recovery of costs; in some circumstances the court can shift costs or award fees.