In short: When relatives inherit a house or land together and cannot agree on keeping, renting or selling it, any co-owner can ask a Florida court to partition it. The court divides the property or orders a sale. Since July 1, 2020, Florida’s Uniform Partition of Heirs Property Act adds appraisal and buyout rights for family-owned land.
What partition is
Partition is a lawsuit, under chapter 64, Florida Statutes, that ends co-ownership. Any co-owner, such as a sibling who inherited a share, can file. The court determines each owner’s interest (§ 64.051) and then either divides the land physically or, if it cannot fairly be divided, orders a sale and splits the proceeds.
Partition often follows probate. A will or intestacy may leave a house to several children as tenants in common, and the estate closes with no plan for who lives there, who pays taxes or when to sell.
The Heirs Property Act (since 2020)
For partition actions filed on or after July 1, 2020, Florida’s Uniform Partition of Heirs Property Act (§§ 64.201–64.214, ch. 2020-55) applies when the property qualifies as “heirs property.” The court must decide that question first (§ 64.203).
Property qualifies when it is held as tenants in common, no written agreement binding all co-owners governs partition, at least one co-owner got title from a relative, and relatives hold at least 20% of the interests, or a person who inherited from a relative holds at least 20%, or relatives make up at least 20% of the co-owners (§ 64.202).
If it qualifies, the court determines value, and co-owners who did not ask for a sale get a right to buy out those who did, at that value times their share. They have 45 days to elect, and at least 60 days to pay (§ 64.207). Only if no one buys does the court move on to division or sale.
Two family partition fights on the channel
Lewis v. Christoff (2d DCA, No. 2D14-395, decided March 20, 2015) came from Lee County. According to the video, Frank Connor Ellis built a home on the Caloosahatchee River in East Fort Myers and had children by two wives. After both wives died, the two families fought over partition and a counterclaim. The appellants filed as “the First Family.” The Second DCA affirmed without opinion.
Riley v. McCullough (2d DCA, No. 2D14-1296, decided March 4, 2015) came from Pinellas County. According to the video, a mother left her condo to four adult children who could not agree, and the appeal argued partition was ordered without sworn testimony. The Second DCA affirmed without opinion and denied the appellees’ fee motion.
Both were per curiam affirmances (PCAs), so they set no precedent; the facts above come from the video descriptions and the docket. Both predate the Heirs Property Act, which would apply to similar cases filed today.
Lessons
- If you inherit property with siblings, put a co-ownership agreement in writing: who lives there, who pays, and how a buyout works.
- Parents can avoid partition fights by deciding in their estate plan whether the house is sold or who keeps it.
- Under the Heirs Property Act, family members who want to keep the land have a buyout right. Know the 45-day deadline.
- Partition costs and fees can come out of the property’s value. Settlement is usually cheaper.
Watch the Oral Arguments
Recordings of the two oral arguments. Both decisions are PCAs, so the arguments are context, not the courts’ reasoning.
Two Families Fight Over River Property: Partition & Counterclaim | Lewis v. Christoff, 2D14-395
Siblings Battle Over Mom’s Condo: Partition Without Sworn Testimony? | Riley v. McCullough, 2D14-1296
Go Deeper
- “Less and Except” Means Not Yours: Deed Carve-Outs and Tax Deeds (Garden State v. Shazbop)
- When Your Teenager Accepts the Summons: Default in a Partition Case (Tan v. Hua)
- Tax Deed Sale Reversed Over Failed Notice and a Refused Bid (Horne v. Miami-Dade County)
Frequently Asked Questions
Can I force a sale of inherited property in Florida?
Any co-owner can file a partition action under chapter 64. The court may divide the land or order a sale, and under the Heirs Property Act other relatives may first get a chance to buy you out.
What is heirs property in Florida?
Property held as tenants in common, with no binding written partition agreement, where at least one owner inherited from a relative and relatives hold or make up at least 20% (§ 64.202).
How long do co-owners have to buy out a partition plaintiff?
Under § 64.207, 45 days after the court’s notice to elect, and at least 60 days to pay.
Does the Heirs Property Act apply to old cases?
Only to partition actions filed on or after July 1, 2020.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate, landlord-tenant, condominium and property disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Statutes and court rules are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
