The Short Answer

Yes—under Florida law, a co-owner (or, in an estate context, a personal representative or beneficiary) can ask the court to order a partition that may result in a sale, even if another co-owner is behind on the mortgage. However, a mortgage delinquency and existing liens can significantly affect the timing, sale proceeds, and how the money is distributed.

What Florida Law Says

In probate-related co-ownership situations (for example, when multiple beneficiaries inherit undivided interests), Florida allows the court to partition the property and, if it cannot be fairly divided, to direct a sale so the owners can receive their shares. Separately, Florida’s partition framework can also include a court-supervised buyout option in certain cases, which may change whether a sale happens and on what terms.

The Statute

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

This statute allows a personal representative or beneficiary to petition the probate court (before the estate is closed) to partition property, and it authorizes the court to direct a sale of property that cannot be partitioned without prejudice to the owners and 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: Under Fla. Stat. § 733.814, the petition is filed before the estate is closed, which can create timing pressure—especially if the mortgage is delinquent and foreclosure risk is increasing.
• Burden of Proof: If you are seeking a court-ordered sale, you typically need to show the property cannot be partitioned fairly “without prejudice” and cannot be allotted “equitably and conveniently” (language drawn from § 733.814). Mortgage arrears, escrow shortages, and lien priority can become key evidence issues.
• Exceptions: A co-owner may have statutory rights that change the outcome, including a potential cotenant buyout process in some partition-by-sale situations under Fla. Stat. § 64.207. Also, even when a sale is ordered, existing mortgages and liens generally remain relevant to payoff and distribution, which can reduce or eliminate net proceeds to owners.

Trying to handle this alone can lead to procedural errors or dismissal of your case, and it can also create avoidable financial exposure if the lender accelerates the loan or foreclosure proceeds while the ownership dispute is pending.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

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.