{"id":551,"date":"2026-10-15T05:52:14","date_gmt":"2026-10-15T05:52:14","guid":{"rendered":"https:\/\/kewlegal.com\/resources\/co-owner-disputes-florida-business\/can-you-force-the-sale-of-a-jointly-owned-property-in-florida\/"},"modified":"2026-10-27T14:55:20","modified_gmt":"2026-10-27T14:55:20","slug":"can-you-force-the-sale-of-a-jointly-owned-property-in-florida","status":"publish","type":"page","link":"https:\/\/kewlegal.com\/resources\/co-owner-disputes-florida-business\/can-you-force-the-sale-of-a-jointly-owned-property-in-florida\/","title":{"rendered":"Can You Force the Sale of Jointly Owned Property in Florida?"},"content":{"rendered":"\n
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Real Estate Co-Ownership | Coral Gables and Sunny Isles Beach<\/p>

Can You Force the Sale of Jointly Owned Property in Florida?<\/h1>

Here is how that process generally works and what shapes the outcome.<\/p>

Schedule Your Free First Consultation<\/a><\/div>
Schedule Your Free First Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Kristina E. Wilson \u00b7 Published October 15, 2026<\/p>\n\n

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Short Answer: Can You Force the Sale of a Jointly Owned Property in Florida?<\/h2>\n

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.<\/p>\n

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.<\/p>\n

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

Under Florida real estate conveyance rules<\/a>, 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.<\/p>\n

No lawyer can promise how a court will rule in your case.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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How a Partition Action Works Under Florida Law<\/h2>\n

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.<\/p>\n

The court looks at the property and the facts before it rules.<\/p>\n

Where the case is filed matters too. Under Florida venue rules<\/a>, 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.<\/p>\n

When a Court May Order a Partition by Sale<\/h2>\n

The owner who wants a sale files the case in court. The court still weighs the facts.<\/p>\n

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>, 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.<\/p>\n

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

Common Scenarios: Business Partners, Investment Properties, Inherited Property, and Spouses<\/h2>\n

This question tends to come up in four situations. Co-owners may face the questions described below.<\/p>\n

Business partners.<\/strong> When a partnership owns real estate and a partner leaves, the partnership statute matters (IRS, Business Structures<\/a>). Under Florida partnership buyout rules<\/a>, 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<\/a>. That agreement can’t excuse bad faith or willful misconduct.<\/p>\n

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

Heirs.<\/strong> 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.<\/p>\n

Spouses.<\/strong> 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.<\/p>\n

Paid More, Paid Taxes, or Covered the Costs? How Contributions Are Handled<\/h2>\n

An owner who paid more can raise those payments in the case.<\/p>\n

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.<\/p>\n

In a partnership that is winding up, Florida partnership accounting rules<\/a> 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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

Timing, Delay Factors, and the 33-Day and 7-Year Questions<\/h2>\n

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.<\/p>\n

Mediation can lead to an agreement. It can also add a step before trial if the owners don’t agree.<\/p>\n

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

Don’t plan around it. Check any deadline against the current statute before you act.<\/p>\n

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.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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Deciding Your Next Step With a Co-Ownership Dispute<\/h2>\n

Your next step is to gather the facts that decide how title and money are handled. Start with these questions:<\/p>\n