Can one co-owner force the sale of a Miami home?
Yes. Under Chapter 64 of the Florida Statutes, a co-owner who holds title as a tenant in common or joint tenant can ask the circuit court to divide the property or, for a house, order it sold and split the proceeds by ownership share. If the home qualifies as heirs property, the other owners get 45 days to buy the filer out at appraised value, and the sale defaults to the open market. Spouses who hold title as tenants by the entirety are a different situation.
By Lynley Ciorobea | October 27, 2026
One owner saying no does not stop a sale in Florida. It moves the argument to the Miami-Dade circuit court, where you may not like how it ends.
That surprises people. Three siblings inherit the family house in Pinecrest. Two want to sell. One has lived there since their mother died. Or an unmarried couple buys in Coral Gables, splits up, and only one of them still wants the house. Everyone assumes a sale needs unanimous agreement. A listing does. A sale, it turns out, does not.
Here is the mechanism. Any co-owner can file a partition action under Chapter 64. Cutting a house into physical pieces rarely works, so the court orders a sale and divides what is left by ownership share. Court costs and sale fees come off the top, then taxes, and the judge can adjust the split if one owner paid for upkeep the others did not. Taxes follow ownership percentage. In Schroeder v. Lawhon, a Florida appeals court reversed a ruling that made one sibling carry 63 percent of the back taxes when each owned half.
The buyout most owners overlook
If the house qualifies as heirs property, the rules change. Florida adopted the Uniform Partition of Heirs Property Act in 2020 (sections 64.201 through 64.214). It covers tenants in common where at least one owner got title from a relative, no written agreement governs partition, and relatives hold a meaningful share (the statute sets 20 percent thresholds).
When one owner asks for a sale, the court notifies the rest, and any of them has 45 days to buy the sellers out. The price is the appraised value times each seller's fraction. A licensed Florida appraiser values the house as if a single person owned all of it.
Run it on a hypothetical. A $2.4 million house, three siblings, equal thirds. The sibling who wants to stay would need about $1.6 million to buy out the other two, on an appraisal nobody controls. That number is the real negotiation. Some people discover they cannot finance it, and that ends the standoff faster than any lawsuit.
If nobody buys, the heirs act makes an open-market sale the default. A licensed broker lists it, and it cannot be offered below the court's determined value. Auction or sealed bids come in only if the judge finds that better for the owners as a group. Ex-partners, friends, and business partners do not get that protection, and court-supervised sales outside the heirs act tend to bring less than a normal listing.
So settle before the court picks the method. A negotiated listing keeps the price floor in your hands and lets the house show properly. It also keeps the legal bills out of the proceeds. Every titleholder signs the listing agreement and the deed, which means agreeing early on price, on who pays insurance and taxes until closing, and on who hands over the keys for showings. Put that in writing before the sign goes up. If the house is in Pinecrest or Coral Gables, where long-held family homes often carry a sentimental owner and an impatient one, that conversation is usually the hardest part of the sale. The estate side of these sales has its own timeline, which we covered in selling an inherited home in Miami.
Before anyone hires a lawyer, pull the recorded deed from the Miami-Dade Clerk's records and read how title is actually held. Tenants in common, joint tenants, and tenants by the entirety have very different options, and many of these fights start with a wrong assumption about that one line.
Frequently Asked Questions
Can a co-owner force me to sell if I live in the house?
Living there does not by itself block a partition between co-owners. If it is heirs property, you can buy the others out within 45 days of the court's notice. Have a Florida attorney check homestead questions before you assume anything.
How long is the buyout window under Florida's heirs property law?
Cotenants have 45 days after the court's notice to elect to buy, at the appraised value times each seller's fractional share (section 64.207). The court then sets payment deadlines.
Who pays taxes and repairs while owners are fighting?
Each owner owes taxes in proportion to ownership, and the court can adjust the final split for who paid more of the upkeep. Keep receipts for everything.
If you're stuck in this standoff, I'm happy to talk through how a negotiated sale would work for your house. Reach out anytime.
About Lynley Ciorobea
Lynley Ciorobea is a Miami-born real estate professional known for helping homeowners successfully prepare, position, and sell their homes across Coral Gables, South Miami, Pinecrest, Palmetto Bay, and the surrounding southern Miami neighborhoods. Since 2007, she has built her business around thoughtful strategy, strong negotiation, and a marketing-first approach designed to help listings stand out in an ever-evolving market. A true local, Lynley grew up in Pinecrest and graduated from Palmer Trinity School before attending Duke University, where she earned a BA in Psychology. As the founder of the Lynley Residential Group, Lynley remains personally involved in every listing she represents. With more than $250 million in career transactions and more than 70 5-star Google reviews, she brings a local perspective that goes far beyond surface-level market knowledge.
If you are thinking through a pre-sale exterior plan for your own house, I am happy to walk you through the order of operations. Reach out anytime at lynleyresidential.com.