Partition of inherited property in Florida: when co-owners can't agree

Co-ownership after a death usually comes about in one of three ways. A will leaves the house "to my children in equal shares." There's no will, and the intestacy rules pass it to several heirs. Or the house was homestead and the owner left a spouse and descendants: the spouse takes a life estate with the remainder to the descendants, or may elect within 6 months after the death to take an undivided half as a tenant in common with the descendants (Fla. Stat. 732.401).

Each co-owner holds an undivided share of the whole property, not a particular room or acre. When one dies, that share passes through their own estate rather than to the other co-owners, so the number of owners can grow with each generation. That's how a family lot ends up with a dozen owners, some of whom have never met.

Before partition is possible, title usually has to be cleared. If the house is still in the parent's name, a probate or homestead determination often comes first. See personal representative duties and probate in Florida.

A partition case is a lawsuit filed in circuit court. The complaint describes the property, names the co-owners and states their shares (Fla. Stat. 64.041). The court can divide the property itself, called partition in kind, when that's practical. A single-family home usually can't be split fairly, so the result is often a sale with the proceeds divided by share. Costs, including attorney's fees, can be paid from the property or its sale proceeds (Fla. Stat. 64.081), so a contested case reduces what everyone receives. Personal property, such as a boat or artwork, can be partitioned too (Fla. Stat. 64.091).

Florida adopted the Uniform Partition of Heirs Property Act in 2020 as part II of Chapter 64 (Fla. Stat. 64.201). In every partition case, the court must decide whether the property is heirs property. If it is, the act's steps apply unless all co-owners agree otherwise in writing (Fla. Stat. 64.203).

Property generally qualifies when it's held as a tenancy in common with no binding agreement about partition, at least one co-owner received title from a relative, and relatives hold a large stake: 20% or more of the interests, or 20% or more of the co-owners (Fla. Stat. 64.202). Most homes inherited by siblings meet that test.

Three siblings inherit their mother's house in Boynton Beach in equal thirds. Marcus wants his money and files for partition. Lena lives nearby and wants to keep it, and Paul is willing to go along with her. The court finds it's heirs property and an appraiser values it at $480,000. The buyout price for an interest is the value times that interest's share:

Most families do better when they settle the question themselves. Common paths include a voluntary buyout at an agreed appraisal; selling together and dividing the net proceeds; or a written co-ownership agreement covering who lives there, who pays taxes, insurance and repairs, and how and when the house will be sold.

Mediation is often the bridge. Families can hire a mediator before anyone files, and once a case is filed, the court may refer it to mediation (Fla. Stat. 44.102). A mediator doesn't decide anything; the siblings do. For ways to keep the conversation civil, see when siblings disagree.

If a co-owner receives Medicaid or SSI, cash from a buyout or sale can affect eligibility. Inheritances, settlements and Medicaid explains what to watch for.