The Short Answer

In Florida, when multiple heirs inherit the same property, one heir generally cannot force the others to accept a “live-in” arrangement, and another heir often cannot unilaterally force a private sale outside the estate process. If the heirs cannot agree, Florida law allows a court-supervised partition process during probate that can result in the property being divided (if feasible) or sold so each beneficiary receives their share.

What Florida Law Says

Inherited real estate commonly ends up owned in “undivided interests,” meaning each heir has a share of the whole property rather than a specific room or portion. When co-owners disagree—such as one wanting to occupy the home and another wanting to cash out—Florida probate law provides a mechanism to resolve the dispute through the court, including ordering a sale when a fair physical division is not practical.

The Statute

The primary law governing this issue is Fla. Stat. § 733.814.

This statute establishes that when two or more beneficiaries are entitled to undivided interests, the personal representative or any beneficiary may ask the probate court to partition the property, and the court may direct a sale if the property cannot be partitioned without prejudice or cannot be allotted equitably and conveniently.

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: Partition under Fla. Stat. § 733.814 is a probate-court remedy that must be pursued before the estate is closed, so waiting too long can reduce options.
• Burden of Proof: If one heir wants to keep the home while another wants a sale, the court may need evidence about whether the property can be divided fairly, whether a buyout is realistic, and whether continued co-ownership is workable without harming anyone’s interest.
• Exceptions: The outcome can change based on how title is held (for example, survivorship ownership vs. probate property), whether the will grants the personal representative power to sell, and whether there are creditor claims, liens, or homestead-related issues that affect what can be sold and when.

Trying to handle this alone can lead to procedural errors, delays, or a result that unnecessarily reduces the value of the estate for everyone involved.

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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.