Sell Your Co-Owner Won't Sell House in Homestead

If a co-owner will not sell, you cannot sell the whole house alone, but you are not stuck. A voluntary sale needs every owner on the title to sign the contract and the deed. When one owner says no, Florida gives any co-owner a court route: an action for partition under Chapter 64 of the Florida Statutes. That route works, but it is slow and costly, and the faster path is usually an agreed sale that every owner signs. Start with how the title is held, because it decides who has to sign. Co-owners who are not married usually hold as tenants in common, each with a share that can be unequal, or as joint tenants. Married spouses can hold a home as tenants by the entirety, which generally needs both spouses to sign. A tenant in common can sell or mortgage their own share, but no buyer can take clear title to the whole house until all the owners agree. Your deed or a title search shows how you hold. If a spouse is the owner who refuses, our [divorce](/sell-house/divorce) guide covers that side. Who the co-owner is changes the conversation. Siblings who inherited a house together usually disagree about price or timing, and the [inherited house](/sell-house/inherited-house) guide covers the heirs' side, including probate. Unmarried partners who bought together and split up have equal claims to the house and often no written agreement about what happens next. Investors who bought a property as partners may have an operating agreement that sets a buy-sell process, so read that before anything else. In all three cases the question is the same: what can one owner do when the others will not agree? Partition is the court answer. Under Florida Statute 64.031 any one of several joint tenants or tenants in common may file the action against the others. The court decides each owner's rights and interests (64.051). If the house can be divided fairly, the court appoints three commissioners to divide it (64.061), which is rare for a single house on one lot. If it cannot be divided without prejudice to the owners, which is the usual case, the court can order the whole property sold and the money divided in proportion to each owner's interest (64.071). That sale can be a public auction, and it needs court approval before any deed is signed. The costs, including attorneys' fees, are shared by the parties in proportion to their interests (64.081), and the court can take them out of the sale money. A court-ordered sale tends to bring less than a normal sale, and everyone pays for the suit, including the owner who wanted to sell. Before anyone sues, there are things a co-owner can do. Put the proposal in writing with a number everyone can look at. Ask for a buyout: one owner can purchase the others' shares, and a cash offer on the house sets the price that buyout talks revolve around. If the property is heirs property, meaning co-owners who got title from a relative with no binding agreement among them, the Uniform Partition of Heirs Property Act in Part II of Chapter 64 adds a cotenant buyout step and other alternatives to a forced sale, so an heir who wants to stay may be able to buy out the rest. Disagreements about who paid for repairs, taxes or the mortgage can also be raised in a partition case, so keep records of what each owner paid. An agreed cash sale avoids all of that. We make one written cash offer for the whole property. Every owner decides on the same number, and no one has to buy anyone out or hire a lawyer to force the issue. If everyone agrees, all owners sign one contract and one deed, the mortgage and any liens are paid from the proceeds, and what remains is split by ownership share or by whatever split the owners have written down. We can close in as little as 7 days, with no repairs, no agents and no fees. If a co-owner still refuses, the offer does not take away their right to say no, and it does not take away yours to file for partition. What it does is give a stalled conversation a real number. What a cash buyer needs from each co-owner is short: a signature on the purchase contract and deed, a copy of government ID for the closing, and the owner's current mailing address for the proceeds. If an owner lives out of state or abroad, they can usually sign before a notary and the title company can handle the rest by mail or remote closing. If an owner has died, the estate's personal representative signs, and our [probate](/sell-house/probate) guide covers when the court has to be involved.