Detailed Answer: How to make a buyout offer to your co-owners in a Florida partition case

Short answer: You can propose a buyout at any time before the court orders a sale by valuing the property, preparing a clear written offer with proof of funds or financing, presenting the offer to the co-owners (and their counsel, if they have one), and asking the court to approve the parties’ settlement or to stay the sale while you complete the purchase. If the co-owners agree, file a written stipulation or proposed order to end or alter the partition action. If they refuse, you can still make an offer and ask the court to consider it or bid at any judicial sale ordered by the court.

Why this matters in Florida partition cases

Partition actions in Florida let co-owners force a division of real property when they cannot agree. Chapter 64 of the Florida Statutes governs partition actions and gives courts broad authority to divide property in kind or order a sale and distribute proceeds. See Florida Statutes, Chapter 64: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064ContentsIndex.html.

Step-by-step process to make a buyout offer (practical guide)

Confirm the case status and your legal interests. Find the case number, the parties listed, and any pending deadlines or motions (e.g., a pending motion to appoint a commissioner to sell or an upcoming confirmation hearing). If the clerk or docket shows a sale date, you have limited time to act.
Get a current value. Order a professional appraisal or a broker price opinion. Use comparable sales and consider liens, estimated sale costs, and the cost of continued litigation when setting an offer price.
Calculate the buyout price. Decide whether you will offer (a) full market value for each co-owner’s percentage interest, (b) market value less an allocation of projected sale costs, or (c) some negotiated discount to reflect time, legal fees, and risk. Be clear whether you expect the buyer to take the property subject to the mortgage(s) or whether the buyout includes paying off liens.
Prepare a written, time-limited offer. Draft an offer letter or purchase agreement that includes: the purchase price, what interest you’re buying (e.g., 1/3 of the fee simple), any contingencies (financing, inspection, title), a deadline for response, and proof of funds or a pre-approval letter. State whether you will close by paying cash, funding a refinance, or depositing funds into escrow or the court registry.
Deliver the offer and document delivery. Serve the offer on each co-owner and their attorney (if known). Keep a written record of delivery (certified mail, email plus read receipt, or served through counsel). If there is a pending court case, also file a copy of the offer on the court docket and attach it to any related motion you file so the judge can see the proposal.
Propose a court-approved settlement if co-owners agree. If the co-owners accept, prepare a joint stipulation or settlement agreement that resolves the partition claim between the agreeing parties. File the stipulation and a proposed order asking the court to dismiss or modify the action as to the settling parties and to enter any distribution or lien releases. Courts commonly approve settlements by entering an order that dismisses the partition among the parties who settled and addresses distributions or liens.
If a party refuses to accept, ask the court to consider your offer. You can file a motion notifying the court of the offer and requesting that the court: (a) stay the sale temporarily to allow completion of your purchase, or (b) accept a tender of funds to be held in escrow or the court registry pending resolution. If the court will not stay the sale, you may have to bid at the judicial sale or obtain financing to complete a purchase quickly.
Be ready to deposit funds properly. Courts or the parties’ escrow agents often require funds to be deposited either into a neutral escrow account or into the court registry under appropriate procedures. Check local rules and court practice. If you deposit into the court registry you will need an order authorizing the registry deposit and specifying how funds will be distributed.
Use a proposed order to streamline court approval. When you file a stipulation or motion, attach a clean proposed order for the judge to sign that sets out the agreed terms, releases liens or mortgages if applicable, and dismisses or modifies the partition action as required.

What if co-owners refuse your offer?

If co-owners refuse, you can still make the offer part of the record and ask the court to consider it before finalizing a sale.
If the court orders a sale, you or an entity you control can bid at the judicial sale. Successful bidders must comply with the court’s sale terms (usually payment requirements and confirmation procedures).
Even if you lose a court-ordered sale bid, courts sometimes allow a post-sale buyout of interests before closing. Consult local rules and the sale terms carefully.

Practical documents and language to prepare

Include these pieces when you propose a buyout:

Written purchase offer (price, interest, contingencies, closing timeline).
Proof of funds or financing commitment.
Proposed settlement agreement or stipulation to dismiss (if co-owners agree).
Proposed order for the judge approving the settlement or dismissing the action as to settling parties.
Escrow instructions or court registry deposit request (if funds will be deposited).

Special considerations in Florida

Different titles, different issues: Tenants in common and joint tenants have different rights (for instance, joint tenants have survivorship rights). Clarify the form of ownership before you calculate shares.
Liens and mortgages: A buyout usually requires dealing with mortgages and liens. Decide whether you will assume debt, require payoff at closing, or reduce the offer price to reflect encumbrances.
Costs vs. benefit: Partition litigation can be expensive. A fair buyout can save months and reduce legal fees and sale costs.
Timing and court rules: Local trial courts may have specific local rules or clerk procedures for registry deposits and sale mechanics—check the local rules or speak to counsel.

When to get an attorney

Hire a Florida-licensed real estate litigator or civil litigator whenever:

Co-owners contest title or share ownership percentages.
There are complex liens, probate issues, or mortgages.
Large sums or tax consequences are at stake.
You need help drafting a stipulation, proposed order, or court filing to protect your rights.

An attorney can prepare buyer documents, negotiate terms, and present a defensible proposed order to the judge.

Quick checklist before you make the offer

Obtain a recent appraisal.
Confirm case number and pending sale dates.
Line up proof of funds or a lender pre-approval.
Prepare written offer with a short, reasonable acceptance deadline (e.g., 7–14 days).
Plan how funds will be deposited at closing or into escrow/court registry.
Draft a proposed stipulation and proposed order (if you expect acceptance).

Helpful Hints

Start with an appraisal: a professional valuation reduces disputes and anchors negotiations.
Use a short response deadline to pressure timely consideration, but be reasonable so you don’t alienate co-owners.
Offer proof of funds immediately to demonstrate seriousness.
Consider offering to cover reasonable closing costs or a modest premium to avoid litigation and speed agreement.
File copies of the offer with the court so the judge knows a settlement opportunity existed before ordering a sale.
If you plan to bid at a judicial sale, learn the sale terms early: deposit amounts, acceptable payment methods, and confirmation requirements vary by county.
Preserve communications in writing—don’t rely only on oral promises.

Disclaimer: This article provides general information about Florida law and common procedures related to partition buyouts. It is not legal advice. Laws change and each case has unique facts. For advice specific to your situation, consult a Florida-licensed attorney.