Sibling Won’t Sell Inherited House in Florida? Here’s What to Do

This is one of the most common property disputes we see in Florida. A parent passes away, leaves a home to multiple children, and suddenly siblings who may not have agreed on much find themselves as joint owners of a valuable asset — with very different ideas about what to do with it.

The good news: Florida law provides a way out. You don’t need your sibling’s permission to force a sale.

The Common Scenario

Here’s how it typically unfolds:

Your parent dies and leaves the family home to you and your siblings equally. Maybe there’s a will that divides everything “equally among my children,” or maybe there was no will at all and intestate succession gives you each an equal share.

Now you’re co-owners. And the problems begin:

• One sibling is living in the house and doesn’t want to leave
• Another sibling needs the money from their inheritance to pay bills or invest elsewhere
• A third sibling lives out of state and has no interest in managing a Florida property
• Nobody can agree on whether to sell, rent, renovate, or hold

The property sits in limbo. Property taxes accrue. Maintenance gets deferred. Resentment builds. And your inheritance remains locked up in an asset you can’t access.

Your Legal Right: The Partition Action

Under Florida Statutes Chapter 64, any co-owner of real property has the right to file a partition action — a lawsuit that forces the sale of jointly owned property.

Here’s the critical point: The right to partition is nearly absolute under Florida law. Your sibling cannot stop you simply by refusing to cooperate.

If you own any percentage of the inherited property — whether 50%, 25%, or even 10% — you can file a partition lawsuit in Florida circuit court. The court will order the property sold and the proceeds divided among the heirs according to their ownership shares.

Your sibling’s only options are:

1. Agree to a voluntary sale (avoiding the cost and delay of litigation)
2. Buy out your share at fair market value
3. Go through the partition process and have the court order the sale

What they cannot do is simply refuse to sell indefinitely and keep you trapped.

What About the Sibling Living in the House?

A common complication: one sibling moved into the inherited property after your parent died — and now refuses to leave.

This creates two issues:

First, they’re enjoying the full benefit of property that you partially own. Under Florida law, if they’ve excluded you from the property — changed the locks, refused to let you in, treated it as entirely theirs — you may be entitled to an ouster credit. This means they owe you 50% of the fair market rental value for the time they’ve had exclusive possession.

For example: If your sibling has lived in the house for two years, and fair market rent is $2,500/month, your ouster credit could be:

24 months × $2,500 × 50% = $30,000

This amount comes out of their share of the sale proceeds.

Second, they cannot use their occupancy to block the partition. Living in the house gives them no special right to prevent the sale. The court will still order the property sold.

What About the Sibling Not Paying Their Share?

Another common issue: you’ve been paying the mortgage, property taxes, and insurance to protect the property and your credit — while your sibling contributes nothing.

In a partition action, the court conducts an accounting and awards contribution credits for disproportionate payments. Every dollar you paid above your ownership share gets credited back to you from the other heirs’ portions of the sale proceeds.

This includes:

• Mortgage payments (principal and interest)
• Property taxes
• Insurance premiums
• Necessary repairs

The accounting phase is where partition cases are often won or lost. The heir who kept receipts and documented their payments recovers significantly more.

How Long Does This Take?

Most partition actions involving inherited property in Florida resolve in 6 to 12 months. Many cases settle at mediation when the reluctant sibling realizes they cannot actually prevent the sale.

What Should You Do Now?

If you’re stuck owning inherited property with a sibling who won’t cooperate:

1. Gather your financial records — Every payment you made toward the property
2. Document communications — Save texts and emails showing your sibling’s refusal to cooperate
3. Consult with a partition attorney — Understand your options and likely timeline
4. Consider a demand letter — A formal letter from an attorney often motivates settlement

You don’t have to remain trapped in a property dispute with your sibling. Florida law gives you the right to force a resolution. Contact our Florida partition lawyer at Revah Law Group and take action today.