Detailed Answer — How a forced sale works in Florida

Florida law provides a legal remedy called partition when co-owners cannot agree about what to do with jointly owned real estate. The statutory framework is found in Chapter 64 of the Florida Statutes, which governs partition actions and procedures. See Florida Statutes, Chapter 64: https://www.flsenate.gov/Laws/Statutes/2023/Chapter64.

Who may file

Any co-owner of real property may file a partition action. Co-owners include tenants in common and joint tenants. The plaintiff (the person who files) must bring the case in the appropriate court where the property is located—typically the circuit court for that county.

Partition in kind versus partition by sale

The court will first consider whether the land can be fairly divided among the owners (partition in kind). If physical division is impractical or would be unfair, the court will order a sale of the entire property and distribution of the net proceeds among owners according to their legal interests.

Process and typical timeline

1. File a complaint for partition in the circuit court for the county where the property sits.
2. Serve the other co-owners and any parties with recorded interests (mortgage holders, lienholders).
3. The court may appoint commissioners or referees to examine the property and recommend partition or sale. The court may also order temporary relief such as injunctions preventing sale or waste of the property.
4. If the court orders sale, the property is sold (often at public auction or a court-approved private sale). Proceeds pay outstanding mortgages, liens, costs, and then are divided among owners.

Timing varies. A straightforward partition can take several months; contested cases can last a year or longer.

How sale proceeds are divided

Proceeds are allocated after paying mortgage and lien priorities. Each owner receives a share based on their ownership interest (for example, a one-third share if ownership is equal). Courts may adjust shares to account for contributions, improvements, or waste, but these adjustments require proof.

Common complications

• Mortgages and liens: A mortgage or lien remains attached until satisfied from sale proceeds.
• Homestead: If the property qualifies as a homestead under the Florida Constitution, forced sale may be limited. Homestead protections are significant in Florida and can affect a partition action. See the Florida Constitution for homestead provisions: https://www.flsenate.gov/Statutes/Constitution.
• Occupancy issues: One co-owner living on the property does not automatically prevent partition, but the court can address occupancy, rents, and equitable adjustments.
• Costs: Litigation costs and attorney fees can reduce proceeds. Courts may award fees in limited cases (for example, if statutes or contracts provide for fee shifting).

Alternatives to a court-ordered sale

Before or during litigation, co-owners often resolve disputes without court by:

• Agreeing to a buyout where one owner purchases the others’ shares at fair market value.
• Mediation or negotiated sale to a third party and shared distribution.
• Entering into a written agreement governing use, rent, or eventual sale.

These alternatives save time and expense compared to a contested partition action.

When to talk to an attorney

Consult a real property attorney if you face: possible homestead claims, significant mortgages or liens, disputes about ownership shares, or if co-owners resist negotiation. An attorney can help with filing the partition, documenting contributions, protecting rights, and evaluating costs and likely outcomes.

Helpful Hints

• Gather title documents: deed, deed history, mortgage statements, and any recorded liens.
• Document contributions: receipts for improvements, payments for taxes, insurance, and mortgage payments tied to the property.
• Check whether the property is claimed as a homestead by any co-owner—this can change the approach and outcome.
• Try mediation early. Courts often prefer parties to narrow issues or settle before trial.
• Ask the court about appointing a licensed appraiser to establish fair market value if owners cannot agree on price.
• Consider a buyout offer in writing; a fair cash offer can avoid litigation costs and delay.
• Expect legal fees and court costs; budget accordingly and ask an attorney about fee-shifting possibilities in your case.
• If you file, name all record interest holders (mortgagees, lien claimants) so the court can clear title at sale.