Can You Force the Sale of Jointly Owned Property in Florida?

Short Answer: Can You Force the Sale of a Jointly Owned Property in Florida?

When co-owners can’t agree, the usual court route is a partition action, and that case can end in a sale. Whether you can force the sale of a jointly owned property in Florida depends on how title is held, what the owners signed, and what the court decides.

Partition actions in Florida are governed by Chapter 64, Florida Statutes, and the points below summarize general principles rather than a complete statement of that chapter.

Florida circuit courts have exclusive original jurisdiction over actions involving the title and boundaries of real property, under Florida circuit court jurisdiction. A title-based co-ownership case belongs in that court.

Under Florida real estate conveyance rules, a transfer of an interest in real estate generally requires a written instrument signed in the presence of two subscribing witnesses, with exceptions such as leases of one year or less.

No lawyer can promise how a court will rule in your case.

How a Partition Action Works Under Florida Law

A partition action is a lawsuit that ends joint ownership of real estate by dividing the property or selling it. There are two main results.

The court looks at the property and the facts before it rules.

Where the case is filed matters too. Under Florida venue rules, an action must be brought in the county where the defendant resides, where the cause of action accrued, or where the property is located. Venue for a partition action is governed by Chapter 64, Florida Statutes, which places it in the county where the land lies.

When a Court May Order a Partition by Sale

The owner who wants a sale files the case in court. The court still weighs the facts.

Recording matters too. A notice of lis pendens (a notice recorded in county records that a lawsuit affects the property) can affect title in many actions. Under Florida lis pendens rules, a notice of lis pendens generally expires one year after the case starts, unless the relief sought is founded on a duly recorded instrument or a construction lien. The court can extend it for good cause.

Courts can also send a civil case to mediation. Under Florida court-ordered mediation rules, a court may refer a filed civil action to mediation. Mediation can lead to a deal before trial.

Common Scenarios: Business Partners, Investment Properties, Inherited Property, and Spouses

This question tends to come up in four situations. Co-owners may face the questions described below.

Business partners. When a partnership owns real estate and a partner leaves, the partnership statute matters (IRS, Business Structures). Under Florida partnership buyout rules, when a partner departs and the partnership continues, the partnership must buy that partner’s interest, and the partnership agreement can vary the buyout terms. A departure that triggers dissolution and winding up does not produce a buyout. An LLC follows its operating agreement first, under Florida LLC operating agreement rules. That agreement can’t excuse bad faith or willful misconduct.

Investors. Co-owners of a rental building often disagree about leasing commercial space, refinancing, or selling. A partition case can become the route when they can’t settle it.

Heirs. Heirs who inherit property together may disagree about upkeep, use, or sale. Estate matters follow their own court process. If a probate issue arises, this firm may refer that matter to another lawyer or firm.

Spouses. A divorce follows its own rules, and property division may be decided there. Divorce is outside KEW Legal’s focus, which is business co-ownership and investment property. That matter may be referred to another lawyer or firm.

Paid More, Paid Taxes, or Covered the Costs? How Contributions Are Handled

An owner who paid more can raise those payments in the case.

Payments a co-owner makes may include the purchase price, mortgage, taxes, insurance, and repairs, but credit for repairs and improvements is limited, for example to enhancement in value or by agreement. How a court weighs them depends on the evidence and the case.

In a partnership that is winding up, Florida partnership accounting rules give each partner a settlement of accounts. Under Florida partnership law, a partner whose charges exceed credits may have to contribute the difference, but Section 620.8807, Florida Statutes, limits contribution for a limited liability partnership partner as to obligations for which the partner is not personally liable.

Keep records. Save receipts, bank statements, loan papers, tax bills, and written messages about who paid what. Good records help show the facts, but no result can be promised.

A co-owner who lives in the property alone is ordinarily not liable for rent to the other co-owners absent ouster or an agreement. The court may take that into account, depending on the facts.

Timing, Delay Factors, and the 33-Day and 7-Year Questions

Partition cases can take a long time, and no timeline fits every case. Delays often come from reaching every owner and lienholder, disputes over value, appraisals, and court scheduling.

Mediation can lead to an agreement. It can also add a step before trial if the owners don’t agree.

Partnership buyouts have a clock too. Under the Florida partnership buyout rules, if no agreement is reached within 120 days after a written demand, the partnership pays its estimate of the buyout price, with interest.

Don’t plan around it. Check any deadline against the current statute before you act.

About the seven-year question: this page doesn’t cover a seven-year rule. It’s a separate topic from partition, and it depends on facts about possession and title that need review.

Deciding Your Next Step With a Co-Ownership Dispute

Your next step is to gather the facts that decide how title and money are handled. Start with these questions:

• How is title held, and whose names are on the deed?
• What did the owners sign, such as an operating agreement, partnership agreement, or buy-sell agreement?
• What has each owner paid, and what records prove it?
• Will the other owners sign a sale or a buyout?

Many co-owners settle through talks, a buyout, or an agreed sale before any lawsuit. The right path depends on the facts and on what the owners will accept.

For a wider view of these disputes, read co-owner disputes in Florida business.

Can you force the sale of a jointly owned property in Florida without the other owners? Not always.

What if a spouse wants to sell and the other doesn’t? A divorce case follows its own rules and may decide the property. KEW Legal may refer that matter to another lawyer or firm.

Confirm any deadline before you act.

If a co-owner won’t agree to sell, or a shared property has become a dispute, you don’t have to sort it out alone. Call 305-990-2300 or send us a message through our contact form. The first consultation is free, confidential, and without obligation to continue. Kristina E. Wilson is the lawyer responsible for this page, and KEW Legal has offices in Coral Gables and Sunny Isles Beach.