Detailed Answer

If you co-own your late father’s house with a sibling in Florida and you want the property sold, you can ask a court to force a partition sale. Florida’s partition law governs this process. See Florida Statutes Chapter 64 for the legal framework: Florida Statutes Chapter 64 (Partition).

Quick overview: what a partition action does

A partition action is a lawsuit filed by one co-owner against other co-owners asking the court to divide real property that has multiple owners. If the court finds the property cannot be fairly divided (partition in kind), it may order the property sold and the proceeds divided among the owners according to their ownership shares. Courts follow the procedures and standards in Chapter 64 when deciding these matters.

Step-by-step: how to force a partition sale in Florida

Confirm ownership and title form.

Check the deed and the probate records to confirm how title currently stands (tenants in common, joint tenants, etc.). If your father’s estate passed by probate, the personal representative’s actions and any will terms matter. If title is held as tenants in common, any co-tenant may usually seek partition. If title is by entireties, partition by one spouse is different and often not permitted.
Check for homestead protection.

Florida strongly protects homestead property. If the house qualifies as the decedent’s homestead and certain heirs (a surviving spouse and/or minor children) have statutory or constitutional interests, a forced partition or sale can be limited or barred. Confirm whether the property qualifies as homestead before filing. If homestead applies, consult an attorney for how it affects partition rights.
Try negotiation and a buyout first.

Courts prefer parties resolve ownership disputes without litigation. Offer a buyout (you buy your sibling’s share or vice versa). Get a current appraisal to set a fair price. A written demand and a reasonable buyout offer can sometimes end the matter quickly and reduce costs.
Prepare documents and gather evidence.

Gather the deed, death certificate, probate paperwork, mortgage documents, property tax bills, and any written agreements between you and your sibling. Obtain a recent appraisal or comparative market analysis to support valuation. If one co-owner paid more for taxes, mortgage, or improvements, document those payments—courts may account for equitable adjustments.
File a partition action in the proper court.

File the partition complaint in the circuit court in the county where the property is located. The complaint names all co-owners and anyone with an interest (mortgage holders, lienholders, heirs). The plaintiff asks the court to partition the property. The court follows Chapter 64 procedures to notify interested parties and schedule the matter. (See: Florida Statutes Chapter 64.)
Court process and possible outcomes.

The court will examine whether the property can be divided in kind (physically split) without unfairness. If it can, the court may order a partition in kind, assigning separate parts of the land to co-owners. More commonly for single-family homes, the court finds partition in kind impractical and orders sale. The court typically appoints commissioners or a special master to sell the property, often by public auction or by private sale subject to court approval. After sale, the court allocates proceeds according to ownership shares, paying off mortgages, liens, and partition costs first.
Costs, fees, and timelines.

Partition lawsuits create filing fees, commissioner fees, appraisal fees, and attorneys’ fees. Florida law does not automatically award attorneys’ fees to the winning co-owner unless a contract, statute, or equitable doctrine allows it. Expect the process to take several months to a year or more depending on complexity, objections, and whether the sale is contested.

Important legal issues and defenses to consider

Homestead protections can limit or prevent forced sales—verify whether homestead applies.
Mortgages and liens attach to property and must be paid from sale proceeds.
If one co-owner contributed disproportionately to mortgage payments or improvements, the court may adjust the final division to reflect equitable contributions.
Probate results can change who has title. If probate is incomplete, the court may need to resolve ownership first.

Hypothetical example

Suppose your father died and the probate court transferred title to you and your sister as tenants in common. You want the house sold, but your sister refuses. You hire an appraiser who values the house at $300,000. You file a partition action in the county circuit court asking for sale. The court determines the house can’t be fairly divided and orders a sale. After paying off a $100,000 mortgage, sale costs, and liens, the remaining proceeds are split per your ownership shares.

Where to get help

Because partition and homestead issues can be complicated, speak with a Florida real estate attorney or probate attorney to evaluate title, homestead status, and your chances in court. If cost is a concern, ask about limited-scope representation or mediation as less expensive options.

Helpful Hints

Start with a calm, written buyout offer—mediation often saves time and money.
Order a professional appraisal before making monetary offers or filing suit.
Confirm whether the property was homestead; homestead status is critical in Florida.
Gather proof of payments for taxes, mortgage, or repairs if you think you deserve an adjustment.
Identify all lienholders and include them in the partition action so the sale clears title.
Expect court costs and plan for the possibility that neither side recovers attorneys’ fees unless authorized by law or agreement.
Consider mediation or a negotiated buyout before filing; courts encourage settlement.

Disclaimer: This article explains general Florida law about partition actions and homestead considerations and is intended for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Florida attorney.