Co-Owners and Heirs

What can you do when co-owners or heirs disagree about selling a Florida house?

One co-owner cannot sell the whole house alone, and one co-owner cannot be forced to keep it. Florida gives owners a court route called partition, and a negotiated as-is sale usually costs less than going there.

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The short answer

If two or more people own a Florida house, a sale generally needs all of them, or the court. One heir who wants out has a way out, and one who wants to stay has a way to buy the others out. Neither can simply override the rest.

Howler Property Group LLC, a Tampa-based company that buys Florida houses directly, publishes this guide. It is general information and not legal advice.

Who actually owns the house?

  • The owner has died and there is a probate case. The personal representative appointed by the court has authority to sell, with the heirs' interests protected through the estate. See selling a house in probate in Florida.
  • No probate was opened. Title may still be in the deceased owner's name, and a buyer or title company will want it cleared first. See selling an inherited house in Florida.
  • Co-owners on the deed. Joint tenants or tenants in common each hold an interest, and the deed wording decides what happens to a share when someone dies.

What is partition?

Partition is a court action under chapter 64 of the Florida Statutes that lets a co-owner ask a judge to divide the property or, when it cannot be divided fairly, order it sold and the money split. It works, but it takes time and legal fees come out of the owners' shares, so most families settle before it gets that far. A Florida attorney can say whether it fits your situation.

What usually breaks the standoff?

  • A buyout. One heir buys the others' shares. This needs financing or cash from that heir.
  • A written sale agreement that all owners sign, with the proceeds split in the percentages each owns.
  • A neutral as-is sale. A cash buyer with no stake in the family closing on a date everyone has agreed to, with the title company paying each owner at closing.

What costs build up while owners argue?

Taxes, insurance and upkeep keep running. Unpaid property taxes lead toward a tax deed sale (selling with back taxes), and an empty house draws code fines (selling a vacant house). Settle who pays what in writing, even if the house is not yet sold.

Where does Howler Property Group fit in?

Howler Property Group buys Florida houses as-is for cash, from one owner or several, without repairs, clean-out or an agent. We need every owner's signature, or the court's authority, and we run a title search before any contract. We do not choose a side among relatives and we do not give legal advice.

Written 2026-10-27. This page is general information, not legal or tax advice, and we are not a law firm. For your own deadlines and rights, talk to a Florida attorney.

Related questions

Good Questions

Frequently asked

Can one heir sell an inherited house in Florida without the others?
Generally no. A sale needs every owner of record, or a personal representative appointed by the probate court, or a court order.
What if one heir refuses to sell?
A co-owner can ask the court for partition under chapter 64 of the Florida Statutes, which can order the property divided or sold with the money split. A Florida attorney can advise whether that fits your case.
What is partition of property in Florida?
It is a court action that lets a co-owner ask a judge to divide the property or, when that cannot be done fairly, order it sold and the proceeds split.
Can one heir buy out the others?
Yes, if all agree on the terms. The buying heir typically needs cash or financing, and the title company handles the deed and payment.
Who pays taxes and insurance while heirs argue?
The bills keep running regardless. Agree in writing who pays what, because unpaid taxes can lead to a tax deed sale and an empty house can draw code fines.