Detailed answer — what matters and the options under Florida law

1. First, identify how title and ownership actually stand

Who holds title determines your next steps. Key possibilities:

• Joint tenancy with right of survivorship: the surviving joint owner(s) automatically own the property and typically avoid probate.
• Tenants in common: each heir owns an undivided share (for example, 1/3 each). Each share can pass by will or intestacy.
• Title held by the decedent’s estate: the personal representative manages sale or transfer during probate.

2. Check for homestead and special survivor rights

Florida gives strong protection to homestead property. If the property is the decedent’s homestead, surviving spouses and minor children have special rights under the Florida Constitution that can block certain transfers or forced sales. For a general statement of homestead protections see the Florida Constitution (Article X). For intestacy and distribution rules see the Florida Probate Code (Chapter 732):
Florida Constitution and
Fla. Stat. Ch. 732 (intestate succession).

3. If heirs can agree, the simplest ways to keep the house

If all owners agree, you can avoid a court-ordered sale by taking one of these approaches:

• Buyout: One or more heirs buy the shares of the others. Steps: obtain a professional appraisal, agree on price, get financing (refinance or new mortgage), and record a deed transferring ownership.
• Co-ownership agreement: Heirs sign a written agreement that sets rules for occupancy, expense sharing, rental income, and a future buyout or sale trigger. A clear agreement reduces disputes and makes the arrangement enforceable.
• Family LLC or trust: Transfer title to an entity (family limited liability company or trust) and have heirs become members/beneficiaries. An operating agreement or trust document controls who lives in the home, who manages repairs, and how distributions or future sales happen. This can simplify management and formalize buyouts.
• Life estate or deed planning: An owner can grant a life estate to a person who will live there while giving remainder interests to others. These transfers are technical and have long-term tax and legal consequences.
• Renting the property: If heirs share ownership but some want to keep it, renting the home can create income to pay heirs, cover mortgage/repairs, and buy time to develop a long-term plan.

4. If heirs cannot agree: partition actions and how Florida treats them

If co-owners cannot reach agreement, any co-owner may file a partition action in circuit court under Florida’s partition statutes. See Fla. Stat. Ch. 64 for the governing procedure:

Florida Partition Statutes (Ch. 64)

Key points about partition actions in Florida:

• The court will try to divide property in kind (physical division) when it is equitable. For a single-family home, a physical division is often not practical.
• If division in kind is not feasible or fair, the court can order a sale and divide sale proceeds among the owners according to their shares.
• Partition litigation can be costly and time-consuming and usually results in a forced sale when co-owners disagree.

5. Practical route to keep the house — step-by-step checklist

1. Confirm title and whether the property is in probate.
2. Confirm homestead status and whether a surviving spouse/minor children have protected rights.
3. Order a current professional appraisal to set buyout or rent terms.
4. Explore financing options (refinance, new mortgage, HELOC, or private loans) to fund a buyout.
5. Discuss a written co-ownership agreement or buy-sell terms and have all owners sign a formal agreement prepared by an attorney.
6. If needed, use mediation or collaborative negotiation to avoid a partition lawsuit.
7. If negotiations fail, understand that any heir can file a partition action under Fla. Stat. Ch. 64.

6. Common complications to watch for

• Existing mortgage: the mortgage follows the title; a refinance to a single heir usually requires paying off or assuming the loan.
• Tax implications: selling or transferring interests can create capital gains or change step-up in basis. Consult a tax advisor.
• Homestead rules or creditor claims: these can limit what an executor or heirs may do without court approval.
• Improvements or repairs: document contributions and clarify who will pay future expenses.

7. Legal remedies and statutes to know

Primary Florida law that controls forced sales of co-owned property is the partition statute: Fla. Stat. Ch. 64. For intestate succession and distribution of a decedent’s property, see Fla. Stat. Ch. 732. For general probate administration, see the Florida Probate Code chapters (731–735) at the Florida Statutes website.

8. Example (hypothetical)

Three siblings inherit a house as tenants in common. One sibling wants to live in the house and keep it. Options: that sibling gets an appraisal, arranges a refinance to obtain funds to buy the other two out at their share value, and records a deed transferring full title to them. If refinancing fails, the siblings could create a co-ownership agreement where the living sibling pays rent or a share of expenses while buying shares over time. If they fail to reach agreement, any sibling could file a partition action and a court could order sale of the property and split the proceeds.

Bottom line: You can often keep the house without selling if heirs cooperate and either buy out others, create a binding co-ownership plan, or use an entity or trust to hold title. When cooperation breaks down, Florida law allows partition and a court-ordered sale. Because homestead rules and probate can change the analysis, you should get counsel early.

Helpful Hints

• Get a current professional appraisal before trying to negotiate a buyout.
• Confirm whether the property is homestead. Homestead status can limit transfers and sales.
• Do a title search to verify how the property is titled and whether liens or mortgages exist.
• Put any agreement in writing and record deeds promptly after a transfer.
• Consider mediation before litigation — it’s usually faster and cheaper than a partition action.
• Talk to a Florida probate or real estate attorney about probate procedure, partition risk, and how to structure a buyout or trust transfer.
• Consult a tax professional about capital gains, stepped-up basis, and other tax consequences of transfer or sale.
• Keep clear financial records if one heir pays expenses or makes improvements; you may be able to be reimbursed later.