Partition of Inherited Property in Florida: When Heirs Disagree

Introduction

When a loved one passes away, inheriting property together can quickly become a source of conflict. Partition of inherited property in Florida is often necessary when heirs cannot agree on whether to keep, sell, or manage real estate left through a will or intestate succession.

Florida law does not require heirs to remain co-owners indefinitely. When disputes arise, a partition action allows the court to step in and resolve the situation fairly.

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How Inherited Property Becomes Jointly Owned

Inherited property commonly results from:

• Intestate succession

• A will naming multiple beneficiaries

• A trust distributing property to multiple heirs

Once probate ends, heirs receive ownership interests—even if they never wanted joint ownership.

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Common Heir Disputes

• One heir wants to sell; others want to keep the home

• Unequal contributions to maintenance or taxes

• One heir lives in the property rent-free

• Emotional attachment vs. financial necessity

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How Partition of Inherited Property Works

Any heir may file a partition lawsuit. The court:

• Determines ownership shares

• Values the property

• Orders sale or division

• Distributes proceeds

Heirs may also receive credit for expenses paid on behalf of the property.

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Why Courts Often Order a Sale

Most inherited homes cannot be physically divided. Florida courts typically order partition by sale to avoid economic loss and ensure fairness.

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Final Thoughts

Partition of inherited property in Florida provides a legal solution when family disagreements stall progress. Acting early can prevent prolonged conflict and preserve estate value.

📞 Facing an inheritance dispute? Contact our probate litigation team today.