Detailed Answer

If relatives won’t agree to divide or sell land you inherited, you can ask a court to divide the property through a partition action. In Florida, partition suits are governed by the state’s partition statutes (Chapter 64). A partition action lets co‑owners force a physical division of the land (partition in kind) or force a sale and divide the proceeds among the owners (partition by sale).

1. Confirm ownership and how title is held

Before filing, confirm who legally owns the property and how title is held. Common possibilities after someone dies:

• Tenancy in common — each co‑owner has an individual share and can bring a partition action.
• Joint tenancy with right of survivorship or tenancy by the entireties — these forms may prevent a partition by a surviving co‑owner because ownership passes automatically to the survivor. The exact consequence depends on the instrument that created title and whether probate has concluded.
• Property still in probate — if the decedent’s estate has not been fully administered, the personal representative or the probate process may control disposition. You may need the probate court’s involvement before filing a partition in the name of estate beneficiaries.

If you need to read the statutes about partition, see Florida Statutes, Chapter 64: Florida Statutes Chapter 64 (Partition of Property). For probate questions, see the probate statutes and resources on the Florida Legislature website or contact the probate clerk.

2. Typical steps to start a partition lawsuit in Florida

1. Gather documents and facts. Obtain the deed(s), death certificate(s), any will, mortgage statements, tax and survey records, and title insurance if available. Confirm the legal description of the property.
2. Decide the relief you want. You can ask the court for a partition in kind (divide the land) or a partition by sale (sell the property and split proceeds). Courts often consider feasibility — land that cannot be fairly divided may be sold.
3. Prepare and file a complaint for partition. File in the county where the property is located. The complaint names all co‑owners and any lienholders or interested parties and includes a legal description of the property and a request for partition.
4. Service of process. All named parties must be properly served. If parties are hard to find, the court may allow alternate service or service by publication.
5. Defenses and response period. Defendants may respond, raise objections, claim ownership rights, or raise liens and encumbrances.
6. Appointment of a commissioner/referee. The court may appoint a commissioner (sometimes called a special master or referee) to survey, propose division lines, or conduct a sale and oversee distribution of proceeds.
7. Partition in kind or sale and distribution. If the court orders partition in kind, the commissioner supervises dividing the land. If sale is ordered, the commissioner arranges a public sale, pays lienholders and costs, and distributes net proceeds in proportion to owners’ interests.

3. Address liens, mortgages, and encumbrances

Partition does not eliminate valid liens. Mortgages and tax liens generally remain attached to the property or must be paid from sale proceeds. Anyone seeking to keep physical portions of the property may need to buy out others or deal with existing debts affecting those parts.

4. Timing and costs

Time and cost vary. Simple, uncontested partitions can take a few months; contested matters that require surveys, accounting disputes, or complex valuations can take a year or more. Costs include filing fees, surveyor fees, commissioner fees, attorney fees, and costs of sale.

5. When probate matters

If the property is still estate property, the personal representative must follow probate procedures. Beneficiaries who only get title after probate may need the estate to be closed or a court order recognizing their interest before a partition action proceeds. Consult local probate rules or the county clerk for guidance.

6. Alternatives to filing suit

• Negotiate a voluntary partition agreement or buyout (one owner purchases others’ shares).
• Use mediation to reach a sale or division agreement.
• List the property for sale and split proceeds outside court.

Florida courts encourage parties to settle when possible. Rules of Civil Procedure and local court rules apply to partition actions; see general court rules at the Florida Courts website: Florida Rules of Civil Procedure (courts site).

7. Practical tips about the lawsuit itself

• The complaint must name everyone with a recorded interest. Missing parties can delay or void parts of a partition.
• Surveys and appraisals are often critical evidence. The court relies on accurate descriptions and valuations.
• Courts can order interim relief, such as exclusive use or a receiver, in rare circumstances (e.g., waste or mismanagement).
• Keep records of payments, improvements, and expenses; these facts affect how net proceeds are divided.

Helpful Hints

• Start with a title search: confirm current owners, recorded liens, and exact legal description.
• Talk to a real estate or probate attorney early if ownership is unclear or if the estate is active in probate.
• Consider mediation or a buyout before spending on litigation; courts favor settlements and you’ll save time and money.
• Get a survey and at least one appraisal before filing if you plan to argue for partition in kind or oppose sale.
• If heirs disagree, document all offers and communications — the court may review attempts to settle.
• Be prepared for liens, unpaid taxes, or mortgages to reduce net proceeds if the property must be sold.
• Check the county clerk’s website where the property sits for local filing rules, fees, and forms.