You and your siblings (or cousins, or co-heirs) inherited a house in Broward or Miami-Dade — and now you can’t agree on what to do with it. One of you wants to sell and move on. Another wants to keep it, or rent it, or simply won’t return calls. Maybe someone is living in it and won’t leave. Meanwhile the taxes, insurance, and upkeep don’t stop, and the longer it drags on, the more the relationships fray.
This is one of the most common — and most stressful — situations we see at Home Rescue Team. The good news: in Florida, a stalemate among heirs is almost never the dead end it feels like. Below are your real options under Florida law, in plain English, and where a cash sale can cut through the deadlock.
This page is general information, not legal advice. Every estate is different — confirm your specific situation with a Florida probate attorney. We’re happy to work alongside yours.
First: who actually has the legal right to sell?
It depends on whether the estate is still in probate or has already been distributed — and that one distinction changes everything.
While the estate is still in probate
During administration, it’s the personal representative (PR / executor) — not the individual heirs — who can sell the house on behalf of the estate. Under Florida Statutes §733.613:
- If the will grants a power of sale, the PR can sell the property without court authorization.
- If there’s no will, or the will gives no power of sale, the PR can still sell — but title doesn’t pass until the court authorizes or confirms the sale.
Why this matters when heirs disagree: a single PR signature (with proper authority) can convey the whole house. Selling during probate is usually far cleaner than waiting until after the estate closes, because you don’t yet need every heir to sign.
After the estate is distributed
Once probate closes, title vests in the heirs as tenants in common (the default when people inherit together without a right of survivorship). Now there is no “majority rules.” To sell the whole house, every co-owner has to sign — title insurers won’t issue clean title otherwise. If even one heir refuses, the others’ remedy is a partition action (below).
Your five options when the heirs don’t agree
1. One heir buys the others out
If one person wants to keep the house and the others want cash, a buyout is often the cleanest path. The hard part is usually agreeing on a fair value. A documented, no-obligation cash offer (we provide these free) gives everyone an honest, arm’s-length number to anchor the conversation — even if you ultimately keep it in the family.
2. Mediation / a written family agreement
Before anyone sues anyone, a few hours of mediation can settle most disputes for a fraction of the cost of litigation. Putting the agreement in writing prevents the next argument.
3. Sell the whole house together — as-is, for cash
Often the disagreement isn’t really “sell vs. don’t sell” — it’s about the hassle: who pays for repairs, who manages showings, who flies in from out of state, who fronts the agent commission. A cash, as-is sale removes all of that friction. No repairs, no cleanout, no commissions, no showings — and we routinely close with out-of-state heirs who never have to fly down (documents handled remotely). When the friction disappears, agreement often follows.
4. A partition action — forcing the sale (FL Chapter 64)
If an heir simply won’t cooperate, Florida law gives any co-owner a legal escape hatch. Under Chapter 64, Florida Statutes, §64.031 lets any one co-owner — regardless of how small their share — file a partition action asking the court to divide the property. Because a single house usually can’t be physically split, the court can order it sold and the proceeds divided by ownership share.
Important protection for families: Florida’s Uniform Partition of Heirs Property Act (effective July 1, 2020; §§64.201–64.214) applies to qualifying inherited property and requires, before any forced sale, a court-ordered appraisal at fair market value (§64.206) and gives the heirs who don’t want to sell a buyout option (§64.207) — a chance to purchase the shares of those who do, at that appraised value. So “partition” doesn’t mean a family member gets steamrolled at a courthouse-steps auction; it’s a structured, court-supervised process that often ends in a fair buyout or an open-market sale.
The trade-off: contested partition cases commonly run 6–12 months and $5,000–$15,000+ in legal fees (apportioned among the owners by share under §64.081, typically paid from the proceeds). It works — but it’s slower and costlier than simply agreeing to sell. Many families use the threat of partition to get everyone to the table, then close a voluntary cash sale instead.
5. Sell only your own share
As a tenant in common, you’re legally allowed to sell your own undivided interest without the others’ consent. In practice this is hard — fractional interests sell at a steep discount and most buyers (and title companies) want all owners to sign — so it’s rarely the best route. But if you’re stuck, talk to us; we’ll walk through your specific situation honestly and tell you whether it’s realistic.
How partition works in Broward & Miami-Dade
Partition cases are filed in the circuit court where the property sits — the 17th Judicial Circuit for Broward County and the 11th Judicial Circuit for Miami-Dade. The filing co-owner asks the court to determine each party’s interest, the property is appraised, the heirs-property buyout window opens, and if no one buys out the others, the court orders a sale (usually an open-market listing rather than a quick auction). A local probate attorney can file this for you; we can be the ready, documented cash buyer that makes the sale fast and certain.
How Home Rescue Team helps families in this spot
- A free, no-obligation cash offer that doubles as a fair-value benchmark for any buyout or partition conversation.
- We buy as-is — no repairs, no cleanout, no staging, no agent commissions — which removes the exact friction points heirs fight over.
- We work directly with your probate attorney and the personal representative, and can buy during probate (cleaner) or after distribution.
- Out-of-state heirs welcome — you never have to fly to Florida; everything is handled remotely.
- We close on your timeline — fast when you need it, or patient while the estate works through the court.
We’re a local, family-owned South Florida cash home buyer with a 5.0-star track record. We can’t give you legal advice — but we can give you a clean, honest path to cash that ends the standoff.
Frequently asked questions
Can one sibling force the sale of an inherited house in Florida?
Yes. Under Chapter 64, Florida Statutes (§64.031), any single co-owner can file a partition action, and if the house can’t be fairly divided, the court can order it sold and the proceeds split by ownership share — even if the other heirs object.
Do all the heirs have to agree to sell a probate house?
It depends on timing. While the estate is in probate, the personal representative can sell it (with a will’s power of sale, or with court authorization if there’s no will) without every heir signing. After the estate is distributed, the heirs own it as tenants in common and there’s no majority rule — selling the whole house then requires all owners to sign, or a partition action.
Can I sell my share of an inherited house without the others?
Legally, yes — a tenant in common can sell their own undivided interest. Practically, it’s difficult: fractional interests sell at a deep discount and most buyers and title insurers want every owner to sign. Selling the whole house (by agreement or via partition) almost always nets each heir more.
What if one heir is living in the house and won’t leave or sell?
The other co-owners can still file for partition. The occupying heir may owe the others their share of fair rental value, and the court can order the property sold. Often, the cleanest resolution is a buyout or a cash sale negotiated before it gets that far.
How long does a partition lawsuit take in Florida?
It varies. Cooperative cases can wrap in roughly 4–8 months; contested ones often run 6–12 months (sometimes longer), with legal fees commonly $5,000–$15,000 or more, apportioned among the owners. That’s why many families settle with a voluntary cash sale instead.
Is it faster to sell during probate or after?
Usually during probate, because the personal representative can convey the whole property with one signature (given proper authority), while a sale after distribution needs every heir to sign. We can buy at either stage and coordinate with your probate attorney.
Stuck between heirs who can’t agree? Get a free, no-obligation cash offer and a clear path forward. Call or text (305) 699-9763 or request your offer online. We serve all of Broward and Miami-Dade and work directly with your probate attorney.
Related: Selling a house in probate in Florida · Selling an inherited house in Florida
Reviewed by Anthony Astolfi, licensed Florida real estate agent and founder of Home Rescue Team, a family-owned South Florida cash home buyer. General information only, not legal advice — consult a licensed Florida probate attorney about your specific situation. Last updated June 2026.