Has your co-owner been living in your jointly owned property while refusing to let you in? Under Florida law, you may be entitled to compensation — even before the property sells.
An ouster credit is one of the most powerful tools in a partition action. It allows excluded co-owners to recover their share of the property’s rental value for the period they were denied access.
What Is an Ouster?
Under Florida law, all co-owners have equal rights to possess and use jointly owned property. You don’t need the other owner’s permission to access property you partially own.
An ouster occurs when one co-owner excludes the others — treating the property as exclusively theirs. Common ouster situations include:
- Changing the locks and refusing to provide keys
- Explicitly telling the other owner they cannot enter
- Threatening the other owner to keep them away
- Renting the property to third parties and keeping all the rent
When one co-owner “ousts” another, the excluded owner becomes entitled to compensation.
How Ouster Credits Work
If you can prove ouster, you’re entitled to 50% of the fair market rental value for the period you were excluded.
The calculation:
Fair Market Monthly Rent × Number of Months Excluded × 50% = Ouster Credit
Example:
Your ex-partner has been living in your jointly owned Fort Lauderdale condo for 18 months and refused to let you in. Fair market rent for similar units is $2,200/month.
$2,200 × 18 months × 50% = $19,800 ouster credit
This $19,800 comes out of your ex-partner’s share of the sale proceeds and is added to yours.
Why Only 50%?
You only recover 50% of the rental value because you own 50% of the property. Your co-owner is entitled to live in their half — it’s the exclusion from your half that creates the ouster credit.
If you own a different percentage, the calculation adjusts accordingly. A 25% owner would receive 25% of fair market rent.
Proving Ouster
Not every situation where you don’t live in a jointly owned property qualifies as ouster. You must prove you were actually excluded — not that you simply chose not to visit.
Evidence that supports ouster:
- Text messages or emails where the co-owner told you not to come to the property
- Evidence the locks were changed without your knowledge or consent
- Witnesses who saw you denied entry
- Police reports (if you attempted to enter and were turned away)
- Documentation that you requested keys and were refused
What does NOT prove ouster:
- Simply not visiting the property by your own choice
- Living far away and finding it inconvenient to use the property
- Allowing the co-owner to live there without objection
- Never asking for access
The key question: Did the other co-owner prevent you from accessing your own property?
Ouster in Inherited Property Cases
Ouster credits frequently arise in inherited property disputes. A common scenario:
One sibling inherits a share of the family home, moves in after the parent dies, and treats the house as entirely theirs — refusing to let the other siblings access “their” home.
Those excluded siblings are entitled to ouster credits for the entire period they were denied access. If the property has significant rental value and the sibling has been there for years, ouster credits can amount to tens of thousands of dollars.
How Fair Market Rent Is Determined
Fair market rent is typically established through:
- Professional appraisal: An appraiser can provide a rental value opinion
- Comparable rentals: Evidence of what similar properties rent for in the area
- Actual rental income: If the property was rented to third parties, that establishes market value
- Expert testimony: A real estate professional can testify about rental rates
Gather evidence of comparable rental rates before or during your partition case. This strengthens your ouster credit claim.
Ouster vs. Contribution Credits
Ouster credits and contribution credits are different concepts:
- Ouster credits compensate you for being excluded from the property
- Contribution credits reimburse you for paying more than your share of expenses (mortgage, taxes, repairs)
You can recover both in the same partition action. They address different harms.
The Bottom Line
If your co-owner has been living in your jointly owned property and denied you access, don’t accept that your only option is to split the sale proceeds 50/50. Ouster credits can significantly increase your share of the recovery.
Document your exclusion, establish fair market rent, and assert your ouster claim in the partition action.Contact Revah Law Group today to speak with our Florida partition lawyer and ensure you get the full share you’re entitled to.