Detailed Answer
When multiple heirs own the same Florida property, each heir generally owns an undivided fractional interest (often as tenants in common). If one heir lives on the inherited property and refuses to move out or to cooperate in selling the property, Florida law gives the other owners several paths to resolve the dispute. This section explains the typical options, what a court can do, and practical considerations under Florida law.
Key legal route: Partition action (Florida Statutes, Chapter 64)
The most direct legal remedy is a partition action. Under Florida law a co-owner can file a lawsuit asking the court to partition the property. The court will try to divide the property physically (partition in kind) if it is practical. If a physical division is not feasible or fair, the court will order the property sold and distribute the sale proceeds to the owners according to their ownership shares. See Florida’s partition statutes: Chapter 64, Florida Statutes.
What the court can order
- If the property is divisible into separate parcels that preserve value, the court may grant a partition in kind, giving each owner a distinct portion.
- If partition in kind would be impractical or inequitable (common with a single-family house or single parcel), the court usually orders a public sale and divides the proceeds after paying liens, taxes, and court costs.
- The court can require an accounting for rents, profits, or reasonable occupancy charges. If one co-owner occupied the property exclusively and benefited financially, the court may adjust distributions to reflect that (for example by awarding a share of rent or crediting expenses paid by other owners).
Eviction (Forcible entry and detainer) vs. co-owner rights
If the occupant is a co-owner, simple eviction procedures used against non-owners generally do not apply. Co-owners have a right to possess the property until the co-owners or a court ends that shared possession (typically by partition). If the person living in the property is not an owner (for example, a tenant or a squatter), landlords’ and forcible detainer remedies may apply: see Chapter 82, Florida Statutes (forcible entry and detainer).
Timing, costs, and practical realities
Partition suits take time and can be expensive. Court-ordered sales may provide a quicker final outcome than long negotiations, but litigation costs and sale costs are deducted from the proceeds. If the occupying heir has made substantial improvements or incurred expenses, the court may consider credits or offsets when dividing proceeds.
Special situation to watch: Homestead property
Florida’s homestead protections can limit forced sale and affect how a decedent’s home passes to heirs. If the inherited property qualifies as homestead and a surviving spouse or minor children exist, different rules may apply. Because homestead law is complex and fact-dependent, check with a Florida probate/real estate attorney before assuming a partition will be available.
Practical alternatives courts and owners prefer
- Negotiate a buyout: other owners purchase the occupying heir’s share (use a professional appraisal).
- Agree to a timed occupancy agreement or lease: the occupant pays rent to the co-owners or reimburses expenses for a defined period.
- Mediation: many disputes settle faster and cheaper with a mediator experienced in probate/real estate matters.
How to start (procedural basics)
- Confirm ownership by ordering a title search or reviewing the deed and any probate documents.
- Contact the occupant in writing explaining your position and offering options (buyout, shared expenses, or mediation).
- If negotiation fails, consult a Florida attorney about filing a partition action in the county where the property is located (see Chapter 64).
- If the occupant is not an owner, an eviction/forcible detainer action may be appropriate under Chapter 82.
Bottom line: If an heir living in inherited property in Florida refuses to leave or to sell, you generally cannot forcibly evict a co-owner; your primary legal remedy is a partition action that can force a sale and divide proceeds. Negotiation, buyouts, or mediation often avoid the time and costs of litigation.
Disclaimer: This information is educational and general in nature and does not constitute legal advice. Laws change and outcomes depend on facts. Consult a licensed Florida attorney for advice about your situation.
Helpful Hints
- Gather documents: deed, will, probate paperwork, mortgage statements, tax bills, insurance policies, and any written communications about the property.
- Get a professional appraisal before offering or accepting a buyout.
- Keep clear written records of payments, repairs, and expenses related to the property; courts use these when calculating credits or charges.
- Consider mediation early — it can save time and reduce legal fees.
- Ask the occupying heir to sign an interim occupancy agreement clarifying responsibility for utilities, taxes, insurance, and repairs.
- If you suspect the property is homestead, disclose that to any attorney you consult — homestead issues can dramatically change available remedies.
- Search for a Florida probate/real estate attorney through the Florida Bar: www.floridabar.org.