The Short Answer

In Florida, if a co-owner files (or threatens) a partition action to force a sale, you may be able to keep the home by buying out the other co-owners’ interests—especially when the property qualifies as “heirs property.” Florida law provides a court-supervised buyout option with strict notice and payment deadlines, and the buyout price is tied to the court’s determination of the property’s fair market value.

What Florida Law Says

When siblings inherit or otherwise co-own a home and can’t agree on what to do with it, Florida law allows a partition case to resolve the dispute. In an “heirs property” partition case, the court typically determines the property’s fair market value and then gives non-selling co-owners a statutory opportunity to purchase the interests of the co-owners who are pushing for a sale. If the buyout happens, the court can enter a judgment reallocating ownership and direct that it be recorded in the county’s official records.

The Statute

The primary law governing a court-ordered buyout in an heirs-property partition case is Fla. Stat. § 64.207.

This statute establishes that after the court determines the property’s value, eligible co-owners who did not request a partition-by-sale can elect to buy the interests of the co-owners who did request a sale, with specific deadlines (including a 45-day election window and a court-set payment date that is not sooner than 60 days after notice).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: The buyout election deadline can be as short as 45 days after the court’s notice, and the court can require payment by a set date (not sooner than 60 days after notice). Missing a deadline can push the case toward partition alternatives, including a sale. See Fla. Stat. § 64.207.
• Burden of Proof and Valuation Disputes: The buyout price is tied to the court’s fair market value determination process, which may involve an appraisal, objections, and a hearing. See Fla. Stat. § 64.206.
• Exceptions and Accounting Issues: Partition cases often involve claims for credits/debts between co-owners (mortgage payments, taxes, insurance, repairs, rent/value of occupancy). Florida’s heirs-property framework also allows the court to adjust amounts based on an equitable accounting request. See Fla. Stat. § 64.206.

Because a partition case can end in a court-ordered sale if the buyout doesn’t happen correctly, it’s worth getting counsel early—before positions harden, deadlines run, or the property is placed on the market.

If you want a deeper overview of the process, see: How Does a Partition Action Work in Florida for Co-Owned or Inherited Property? and Can I force the sale of a co-owned house with my sibling in Florida if we can’t agree?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.