Partition of Inherited Property in Florida: Chapter 64 and the Heirs Property Buyout Rights

When two or more family members inherit a Miami home, vacant lot, or investment property together, they become co-owners whether they planned to be or not. One heir may want to sell immediately, another may want to keep the property in the family, and a third may be living in the home rent-free. Florida law resolves these deadlocks through a partition action under Chapter 64, Florida Statutes — and, for most inherited real estate, through the special protections of the Uniform Partition of Heirs Property Act, Fla. Stat. §§ 64.201–64.210, which gives family co-owners a statutory right to buy out the heir who wants to force a sale.

This page explains how partition of inherited property works in Miami-Dade County, the precise statutory deadlines that control the case, and how the heirs property buyout procedure operates step by step, with a worked example. If you are a co-owner of inherited property facing a forced sale — or trying to compel one — understanding these rules before you file or respond is essential.

What Is a Partition Action Under Florida Chapter 64?

Partition is the legal remedy that ends co-ownership of real property. Under Fla. Stat. § 64.031, a partition action may be filed by any one or more of several joint tenants, tenants in common, or coparceners against the other co-owners. In plain terms: any co-owner, no matter how small their percentage interest, has the right to file for partition. A sibling holding a 10% inherited interest can force the issue against siblings holding the other 90%.

Two threshold rules matter at the outset:

• Venue. Under Fla. Stat. § 64.022, partition must be filed in the county where the land lies. For property in Miami, that means the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County.
• The complaint. Under Fla. Stat. § 64.041, the complaint must allege a description of the property, the names and places of residence of the co-owners, and the quantity of interest held by each owner so far as known. Getting the fractional interests right — which often requires tracing the inheritance through Florida Statutes Chapter 732, the intestate succession and wills code — is frequently the most contested part of an inherited-property partition.

Historically, Chapter 64 gave courts two options: divide the land physically among the owners (partition in kind under Fla. Stat. § 64.061) or, if the property could not be divided without prejudice to the owners, order a judicial sale under Fla. Stat. § 64.071 with the proceeds split according to ownership shares. Because a single-family home in Miami obviously cannot be sliced into thirds, partition of an inherited house almost always meant a forced sale — often at a courthouse auction price well below market value.

The Uniform Partition of Heirs Property Act: Fla. Stat. §§ 64.201–64.210

In 2020, Florida adopted the Uniform Partition of Heirs Property Act (UPHPA), codified at Fla. Stat. §§ 64.201 through 64.210. The Act fundamentally changed partition for inherited family property. It was designed to stop a common abuse: an outside investor buys one heir's small fractional interest, files for partition, and forces a below-market auction sale of a family home that the other heirs wanted to keep.

What Qualifies as "Heirs Property"?

Under Fla. Stat. § 64.202, real property is "heirs property" if it is held in tenancy in common, there is no written agreement binding all cotenants that governs partition, and any one of the following is true:

• One or more cotenants acquired title from a relative, whether living or deceased;
• Twenty percent or more of the interests are held by cotenants who are relatives; or
• Twenty percent or more of the interests are held by a cotenant who acquired title from a relative.

Because Florida intestate succession and most wills pass real estate to children, siblings, or other relatives as tenants in common, the overwhelming majority of inherited Miami properties qualify as heirs property. Under Fla. Stat. § 64.203, the court must determine at the outset of any Chapter 64 case whether the property is heirs property. If it is, the entire case proceeds under §§ 64.201–64.210 rather than ordinary partition procedure — and no co-owner can waive those protections simply by how the complaint is drafted.

Notice and Posting Requirements

Under Fla. Stat. § 64.204, if the plaintiff serves any defendant by publication (common when some heirs cannot be located), the plaintiff must also post a conspicuous sign on the property itself, stating that the partition action has been filed and identifying the court and the property. This protects out-of-possession heirs — including relatives who may not even know they inherited an interest — from losing property without actual notice.

The Court-Ordered Appraisal: Fla. Stat. § 64.206

The heart of the UPHPA is fair valuation. Under Fla. Stat. § 64.206, unless all cotenants agree on a value or agree to a different valuation method, the court must order an independent appraisal by a disinterested, licensed real estate appraiser to determine the property's fair market value as an unencumbered fee simple estate.

The statute then imposes concrete deadlines:

• When the appraisal is filed with the court, the court must send notice to each party within 10 days, stating the appraised value, that the appraisal is on file, and that a party may object.
• The court must hold a hearing to determine fair market value no sooner than 30 days after the notice is sent, allowing any cotenant to file objections and offer other evidence of value.

After the hearing, the court enters an order determining the property's fair market value. That number becomes the foundation for everything that follows — most importantly, the buyout price.

The Heirs Property Buyout: Fla. Stat. § 64.207, Step by Step

Fla. Stat. § 64.207 gives the cotenants who did not request a partition by sale the right to buy out the interests of the cotenant(s) who did. This is the single most important right the Act creates, and it runs on strict deadlines:

1. Notice of value. After the court determines fair market value, it sends notice to the parties that any cotenant (other than one who requested partition by sale) may elect to buy all the interests of the cotenants who requested the sale.
2. 45-day election window. An electing cotenant must notify the court of the election no later than 45 days after the notice is sent. Miss this window and the buyout right is lost.
3. Price calculation. The purchase price for each selling cotenant's interest is the court-determined fair market value multiplied by that cotenant's fractional ownership. There is no minority-interest or marketability discount — a critical difference from a private negotiated buyout.
4. Allocation among multiple buyers. If more than one cotenant elects to buy, the court allocates the purchased interest among the electing cotenants in proportion to their existing ownership shares, unless they agree otherwise.
5. 60 days to pay. After the election period closes, the court notifies the parties of the price and who has elected. The electing cotenants must then pay their apportioned price into the court registry within 60 days. The court may extend the deadline once, for up to an additional 45 days, for good cause.
6. Reallocation or fallback. If an electing cotenant fails to pay, the court gives the other electing cotenants an opportunity (with an additional 20 days) to cover the shortfall. If the full price is timely paid, the court enters an order reallocating the interests; if not, the case proceeds toward partition in kind or sale.

A Worked Example

Suppose three siblings — Ana, Carlos, and Maria — inherit their mother's Miami house in equal one-third shares as tenants in common under her will. Carlos files a Chapter 64 partition complaint in Miami-Dade Circuit Court asking for a partition by sale. The court determines the house is heirs property under § 64.202 and orders an appraisal under § 64.206.

• The appraisal comes back at $600,000 and is filed with the court. Within 10 days, the court sends notice to all three siblings. No one objects at the valuation hearing held 35 days later, and the court fixes fair market value at $600,000.
• The court sends the § 64.207 notice. Ana and Maria each have 45 days to elect to buy Carlos's one-third interest. Both elect.
• Carlos's buyout price is $600,000 × 1/3 = $200,000. Because Ana and Maria hold equal shares, each must deposit $100,000 into the court registry within 60 days.
• If Maria cannot fund her half, Ana receives notice and an additional 20 days to deposit the remaining $100,000 and acquire the entire interest herself.
• Once $200,000 is in the registry, the court enters an order transferring Carlos's interest, disburses the funds to him, and Ana and Maria now own the home 50/50 (or in whatever proportions they funded).

Note what the buyout does not account for automatically: mortgages, unequal contributions to taxes and repairs, or one sibling's exclusive occupancy. Those issues are typically resolved through accounting claims and credits litigated alongside the partition. Our guide on how to buy out a sibling on inherited property covers negotiated buyouts and these adjustment issues in more depth.

If No Buyout Occurs: Partition in Kind vs. Open-Market Sale

Partition in Kind Factors — Fla. Stat. § 64.208

If the buyout does not resolve the case, Fla. Stat. § 64.208 requires the court to order partition in kind — a physical division — unless dividing the property would result in great prejudice to the cotenants as a group. The statute lists specific factors the court must weigh, including:

• Whether the property practicably can be divided among the cotenants;
• Whether a division would apportion the property so that the aggregate fair market value of the parcels would be materially less than the value of the property as a whole;
• Any cotenant's sentimental attachment to the property, including attachment arising from its ancestral or family significance;
• The lawful use being made of the property by a cotenant and the harm that cotenant would suffer if unable to continue that use;
• The degree to which cotenants have contributed to taxes, insurance, maintenance, or improvements; and
• Any other relevant factor.

For a single-family residence in Miami, partition in kind is rarely feasible. But for larger tracts — inherited acreage, multi-parcel holdings, or a duplex — § 64.208 gives heirs who want to keep land a genuine argument against a forced sale.

Open-Market Sale — Fla. Stat. § 64.209

If a sale is ordered, the UPHPA replaces the traditional courthouse auction with an open-market sale under Fla. Stat. § 64.209, unless the court finds an auction or sealed bids would be more economically advantageous. The court appoints a licensed real estate broker (agreed upon by the parties if possible) to list the property at a price no lower than the court-determined fair market value for a reasonable period. If an acceptable offer comes in, the broker reports it to the court for approval. If the property does not sell within a reasonable time at the determined value, the court may lower the listing price, approve the highest outstanding offer, or order an alternative sale method. This process is designed to capture true market value in Miami's competitive real estate market rather than a distressed auction price.

Costs, Attorney's Fees, and Accounting Between Heirs

Under Fla. Stat. § 64.081, the court apportions the costs of the partition — including reasonable attorney's fees for the party's counsel and fees of appraisers and brokers — among the parties in proportion to their interests, and the judgment is a lien on each owner's share. Separately, Florida courts routinely adjudicate equitable credits in partition: a cotenant who paid the property taxes, insurance, mortgage, or necessary repairs is generally entitled to reimbursement from the proceeds, while a cotenant in exclusive possession may face an offsetting claim in appropriate circumstances. These accounting issues frequently change each heir's net recovery by tens of thousands of dollars and should be pleaded from the start.

Special Miami Considerations: Homestead and Probate

Inherited Miami real estate often carries Florida homestead complications. If the decedent's home was protected homestead, it may pass outside probate directly to the heirs — but constitutional restrictions can affect who took title, whether a surviving spouse holds a life estate or an elective tenancy-in-common share, and whether creditor claims attach. Before filing partition, title must be confirmed, which sometimes requires a probate court determination of homestead status. Our discussion of inheriting homestead property in Florida explains these rules, and where a surviving spouse's rights are in play, homestead and partition issues frequently intersect with marital property law.

Practically, a Miami partition of inherited property often proceeds on a parallel track with (or immediately after) the estate administration. If the property is still titled in the decedent's name, the personal representative's authority, the order of distribution, and any pending creditor claims must be addressed before or within the partition case.

Key Deadlines at a Glance

How a Miami Partition Attorney Protects Your Position

Whether you want to force a sale, block one, or exercise the statutory buyout, timing and pleading strategy determine outcomes under the UPHPA. An experienced Miami estate partition actions attorney will confirm title and fractional interests, evaluate whether the property qualifies as heirs property under § 64.202, position you for or against the appraisal figure at the § 64.206 hearing, calendar and execute the 45-day election and 60-day funding deadlines, and assemble the accounting evidence — tax payments, insurance, repairs, occupancy — that adjusts the final numbers. Heirs who wait to hire counsel until after the valuation order is entered often discover that the most valuable rights in the case have already expired.

You can contact us by phone at 786-522-1411 or by email at [email protected].