How Does Tenancy in Common Work in Florida?

Florida defaults to tenancy in common when property passes to multiple owners. That legal presumption affects many real estate decisions across Miami-Dade County, Coral Gables, and South Florida. Whether you inherited a family home with siblings or purchased investment property with a partner, understanding this ownership structure protects your rights and your financial future. 

A Florida property partition lawyer helps co-owners navigate the challenges that arise when shared ownership no longer serves everyone’s interests. Contact The Estate Plan today to speak with an experienced attorney about your options.

Key Takeaways About Tenancy in Common in Florida

• Under Florida Statutes Section 689.15, a transfer of property to two or more people generally creates a tenancy in common unless the deed expressly provides for joint tenancy with right of survivorship or, in the case of married couples, tenancy by the entirety.
• Each co-tenant owns a separate, inheritable share that passes through their estate at death rather than transferring to surviving co-owners.
• A Florida property partition lawyer assists co-owners in resolving disputes through negotiation, buyouts, or formal partition actions.
• Chapter 64 of the Florida Statutes allows any co-tenant to file a partition action and force the division or sale of jointly held property.
• Tenancy in common permits unequal ownership shares, meaning one co-owner might hold 60% while another holds 40%.

Understanding Florida’s Default Property Ownership Structure

Florida law treats tenancy in common as the standard form of co-ownership. When a deed transfers property to two or more people without specifying joint tenancy with right of survivorship or tenancy by the entirety, the state presumes the owners hold title as tenants in common.

This presumption applies in many common South Florida real estate transactions. Siblings inherit their parents’ Miami home and automatically become tenants in common. Business partners purchase investment property in Fort Lauderdale, and the same presumption applies.

Characteristics That Define This Ownership Form

Several features distinguish tenancy in common from other co-ownership structures:

• Each owner holds a separate fractional interest that might be equal or unequal depending on contributions
• No right of survivorship exists, meaning a deceased owner’s share passes to their heirs
• Any co-tenant may sell, transfer, or mortgage their individual interest without consent from other owners
• All owners share rights to possess and use the entire property regardless of percentage ownership

These characteristics create both flexibility and potential conflict. The absence of survivorship rights makes tenancy in common attractive for estate planning when owners want their heirs to inherit property shares. That same feature can lead to future disputes when heirs and existing co-owners have conflicting financial goals.

How Tenancy in Common Affects Inheritance in Florida

When a tenant in common dies, their ownership share becomes part of their estate. A Florida probate court oversees the transfer according to either the deceased owner’s will or state intestacy laws. This process differs significantly from joint tenancy with right of survivorship, where the deceased owner’s interest automatically transfers to surviving co-owners.

Consider three siblings who inherit equal shares of their mother’s Homestead home as tenants in common. Each sibling now owns one-third of the property, but none owns any specific portion of the physical house. They share possession rights to every room and every square foot of the yard.

Planning Considerations for Co-Owners

These inheritance dynamics require thoughtful planning:

• A co-owner may name specific beneficiaries for their property share through a will or trust
• Heirs who inherit property shares become new tenants in common with existing co-owners
• Probate administration adds time and expense before heirs gain legal authority over inherited shares
• Family conflicts often emerge when heirs have different ideas about selling or occupying inherited property

A Florida property partition lawyer provides guidance on structuring ownership arrangements that align with long-term family and financial objectives.

Common Disputes Among Florida Tenants in Common

Co-ownership arrangements that work well initially may deteriorate as circumstances change. Life events like marriage, divorce, relocation, and financial hardship create pressure on shared property arrangements throughout Miami-Dade County.

Disagreements typically fall into predictable categories. One co-owner wants to sell while another prefers holding for rental income. 

One sibling occupies the inherited family home without compensating other co-tenants. An investor grows frustrated waiting for reluctant co-owners to approve a sale.

Warning Signs That Co-Ownership Is Breaking Down

Several indicators suggest a tenancy in common arrangement needs professional attention:

• Co-owners stop communicating about property decisions and expenses
• One owner occupies the property exclusively without paying fair rental value to others
• Property taxes or maintenance costs go unpaid because co-owners disagree about responsibility
• A co-owner receives buyout offers but refuses to negotiate in good faith

These warning signs rarely resolve themselves. Early involvement of a Florida property partition lawyer can help reduce the risk that smaller disagreements escalate into costly litigation.

How a Florida Property Partition Lawyer Handles Partition Actions

Florida law allows a tenant in common to seek partition of jointly owned property through a court action governed by Chapter 64 of the Florida Statutes, regardless of ownership percentage. Partition actions operate as equity proceedings in Florida circuit courts. 

The court examines the property and the parties’ interests before ordering either physical division or judicial sale. Most residential properties in South Florida do not lend themselves to physical division, making sale the more common outcome.

Commissioners appointed by the court evaluate whether physical division serves the owners’ interests or whether sale produces a fairer result. Courts distribute sale proceeds according to ownership percentages after satisfying mortgages, liens, and taxes.

Florida Statutes Section 64.081 authorizes courts to award reasonable attorney’s fees and costs in partition actions, typically payable from the sale proceeds or common fund rather than assessed against an individual co-owner.

Protecting Your Interests as a Florida Co-Owner

Proactive steps help tenants in common avoid disputes and protect their property rights. Written agreements between co-owners establish expectations about property use, expense sharing, and decision-making authority. Even family members benefit from putting their understandings in writing.

Maintaining records of financial contributions strengthens any co-owner’s position if partition becomes necessary. Courts may grant credits to owners who paid disproportionate shares of mortgage payments, property taxes, or improvements.

Why Miami-Dade County Co-Owners Turn to The Estate Plan

The Estate Plan serves families and co-owners throughout Miami-Dade County who face difficult decisions about shared property. Our Coral Gables attorneys recognize that tenancy in common disputes impact family relationships, financial stability, and long-term planning goals. Each co-ownership arrangement presents its own legal and practical challenges.

Siblings who inherited a parent’s Coral Gables home face different challenges than business partners who purchased rental property in Brickell together. Our team listens carefully before recommending any path forward, whether that involves negotiating a buyout or pursuing a partition action in Miami-Dade County court.

We work with financial planners, accountants, and other advisors to address the full picture. Clients throughout South Florida rely on our responsiveness when urgent co-ownership conflicts require prompt legal attention.

FAQs for a Florida Property Partition Lawyer

Does a tenant in common need permission from other owners to sell their share?

No, a tenant in common may sell, transfer, or mortgage their individual ownership share without obtaining consent from other co-owners. The buyer then steps into the seller’s position as a new tenant in common.

What happens to mortgages and liens when partition forces a property sale?

Sale proceeds first satisfy any mortgages, liens, and outstanding property taxes before distribution to co-owners. The court oversees this process to protect all parties’ interests.

Does Florida homestead protection prevent partition of a primary residence?

The Florida Supreme Court has held that constitutional homestead provisions do not prevent a co-owner from forcing partition of a jointly owned primary residence.

Take Action With a Florida Property Partition Lawyer Today

Waiting to address co-ownership disputes often makes matters worse. Property values can shift, relationships may further erode, and legal expenses tend to grow as conflicts remain unresolved. The Estate Plan assists Miami-Dade County co-owners in identifying practical solutions that safeguard their financial interests.

Our Coral Gables attorneys evaluate each situation individually, considering property values, mortgage obligations, and family dynamics. Whether your path forward involves negotiating a buyout or pursuing partition through the court system, we provide the guidance you need.

Contact The Estate Plan today to discuss your tenancy in common concerns with a Florida property partition lawyer who understands what you face. Call us to schedule a consultation and take the first step toward resolving your co-ownership challenges.