What legal process allows a co-owner to force the sale of jointly inherited property in Florida? | Florida Partition Actions | FastCounsel
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What legal process allows a co-owner to force the sale of jointly inherited property in Florida?

Detailed Answer

When two or more people inherit real estate together and cannot agree on its use or disposition, Florida law provides a judicial remedy called a partition action. Under Chapter 64 of the Florida Statutes, any co-owner may file a petition for partition to force either a physical division of the land (partition in kind) or, if division is impractical, a public sale with proceeds divided among co-owners.

Partition Types

  • Partition in Kind: The court orders a physical division of the property into separate parcels. Each owner receives a portion roughly equal in value to their ownership interest. See Fla. Stat. § 64.031(1) (leg.state.fl.us/statutes/0064.031).
  • Partition by Sale: If the property cannot be fairly divided—due to size, location, or improvements—the court orders a public sale. Net proceeds, after costs and liens, are distributed according to each owner’s share. See Fla. Stat. § 64.041 (leg.state.fl.us/statutes/0064.041).

How the Partition Process Works

  1. Filing the Petition: A co-owner files a verified petition in the circuit court of the county where the property lies, naming all record owners and interested parties (Fla. Stat. § 64.021).
  2. Service of Process: Co-owners receive notice and have an opportunity to respond, raising objections or proposing a settlement.
  3. Court Hearing: The judge evaluates evidence on the property’s value, improvements, and feasibility of physical division.
  4. Equitable Considerations: The court may adjust shares to account for unequal contributions to purchase, taxes paid, or improvements made (Fla. Stat. § 64.011).
  5. Order and Distribution: If partition in kind is ordered, the court appoints commissioners to divide the land. If a sale is ordered, the property is advertised, sold at public auction, and net proceeds are distributed.

Time and Costs

A partition action can take several months to over a year, depending on complexity, objections, and local court schedules. Costs include filing fees, commissioner fees, appraisals, and legal fees. These expenses are typically deducted from sale proceeds or apportioned among co-owners.

Helpful Hints

  • Gather all deeds, wills, and mortgage documents before filing.
  • Obtain a current property appraisal to establish market value.
  • Consider mediation or settlement discussions to avoid court costs.
  • Keep detailed records of any expenses you’ve paid (taxes, repairs), as the court may adjust distributions.
  • Consult a Florida-licensed attorney to ensure procedural requirements are met.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.