What Are My Rights as a Co-Owner of Property in Florida?

Owning property with someone else in Florida gives you specific legal rights, but it also comes with responsibilities that many co-owners do not expect. Your rights as a co-owner of property in Florida depend on how the deed is titled and what type of co-ownership you hold.

Whether you inherited a home with siblings, bought real estate with a partner, or share a property with a former spouse, knowing where you stand matters legally. Florida law gives every co-owner the right to use the property, share in its income, and even force a sale through the courts.

Contact The Estate Plan for guidance on how to manage a shared property. Our Florida probate lawyers can review your deed, identify which type of co-ownership you hold, and recommend changes that better protect your interests.

Key Takeaways: What Every Florida Property Co-Owner Should Know

• Unless your deed says otherwise, Florida law treats co-owners as tenants in common, meaning each person owns a separate share that they may sell or pass on independently.
• Every co-owner has equal rights to use and live in the entire property, no matter how large or small their share is.
• Co-owners share financial responsibility for taxes, mortgage payments, insurance, and needed repairs.
• Any co-owner may file a partition action, a lawsuit that asks a judge to divide or sell a jointly owned property, even if the other owners disagree.
• A Florida probate lawyer may help co-owners set up the right ownership structure to avoid disputes and protect assets.

What Rights Does a Co-Owner of Property Have in Florida?

The short answer: Every co-owner of property in Florida has the right to use the entire property, receive their fair share of any rental income, and sell or transfer their own portion of ownership.

Under Florida Statutes Section 689.15, when a deed lists two or more owners without spelling out a specific type of joint ownership, the law automatically presumes they are tenants in common. That simply means each person owns their own separate share of the property, and that share belongs to them alone.

Florida also allows two other types of shared ownership:

• Joint tenancy with right of survivorship, where a deceased owner’s share passes automatically to the surviving co-owners
• Tenancy by the entirety, which is available only to married couples and offers added protection from the debts of one spouse

A Florida probate lawyer may review your deed and explain which type of co-ownership best protects your rights and long-term goals.

What Are the Limitations of Co-Ownership?

Shared ownership gives you rights, but it also limits what you may do with the property on your own.

• No single co-owner may make major decisions about the property, like tearing down a building or changing its use, without the others agreeing.
• A co-owner living in the property alone may owe the other owners fair rental value, meaning what a tenant would reasonably pay to live there.
• One co-owner cannot take out a mortgage on the whole property without consent from all other owners.
• If one co-owner has unpaid debts, a creditor may place a lien (a legal claim) on that owner’s share of the property.

Many Florida families benefit from creating a written co-ownership agreement that spells out each person’s responsibilities before disagreements come up.

Can I Force the Sale of a Jointly Owned Property in Florida?

Yes. Under Chapter 64 of the Florida Statutes, any co-owner may file a partition action to force the division or sale of jointly owned property. It does not matter how small your ownership share is.

The case goes to the circuit court in the county where the property is located. For most homes in Miami-Dade County, physically splitting the property is not realistic. The court typically orders a sale at fair market value or allows one co-owner to buy out the other.

All co-owners share the costs of a partition action based on their percentage of ownership. Florida homestead protections, which normally shield a home from being sold to pay personal debts, do not prevent a co-owner from filing for partition.

What Happens to a Jointly Owned Property If One Owner Goes Into Care?

When a co-owner needs long-term nursing home care and applies for Medicaid, the deed title plays a big role in what happens to the property.

Florida does not place Medicaid liens on the primary homes of living applicants. After the recipient dies, however, the state may file a claim against their estate to recover care costs. This is called Medicaid estate recovery.

If the property is held as joint tenants with right of survivorship, the deceased owner’s share passes directly to the surviving co-owner, thereby avoiding probate. That generally limits the state’s ability to recover costs from the property.

If the property is held as tenants in common, the deceased owner’s share goes through probate, where the state may file a claim. Reviewing your deed with a Florida probate lawyer well before a health crisis is critical.

How Does a Florida probate lawyer Help Co-Owners?

A Florida estate planning lawyer may review your deed and explain which type of co-ownership you currently hold. From there, they may help you change the deed to a structure that better fits your goals, whether that means adding survivorship rights to keep the property out of probate or setting up a trust to protect the home from Medicaid recovery.

Your estate planning attorney may also draft a co-ownership agreement that covers who pays for what, how decisions about the property are made, and what happens if one owner wants to sell. For families who inherited property together, this type of agreement may prevent costly partition lawsuits down the road.

Common Questions About Sharing Property Ownership in Florida

Can a co-owner sell their share without the other owner’s consent?

If you are tenants in common, yes. You may sell or transfer your share without permission. If you hold the property as tenancy by the entirety, both spouses must agree. When joint tenants sell their share, the arrangement becomes a tenancy in common.

What happens if one co-owner refuses to pay property taxes?

The other co-owners may cover the cost and ask a court to order the non-paying owner to reimburse them. If a partition action is filed, the judge will factor in those extra payments when dividing the money.

How long does a partition action take in Florida?

Most partition cases take between 8 and 36 months. Many settle before trial through negotiation or mediation, which may shorten the timeline.

Does Florida homestead protection prevent a forced sale of co-owned property?

No. Homestead laws protect your home from being sold to pay personal debts, but they do not stop another co-owner from filing a partition action.

Can adding someone to my deed affect my Medicaid eligibility?

Yes. Adding someone to your deed counts as giving away part of your property. If you apply for Medicaid within five years of making that change, it may trigger a penalty that delays when your benefits begin.

Protect Your Property Rights With a Florida Probate Lawyer

Jointly owned real estate represents years of hard work and family history. Without the right ownership structure, co-ownership disputes may lead to forced sales, unexpected tax burdens, or a loss of property to Medicaid recovery.

The Estate Plan helps families throughout Miami-Dade County, Coral Gables, and South Florida structure their shared property ownership to prevent these outcomes.

Our Florida probate lawyers will review your deed and help you decide which co-ownership options best protect your family under Florida law. We take the time to listen closely to your needs and concerns and provide guidance tailored to your specific situation.