When a parent leaves an asset that is not physically divisible to multiple heirs, such as the family home, disputes can arise when the heirs do not all agree on what to do with the asset. The Florida Probate Code governs the options that heirs have.
What happens if you and your siblings disagree about what to do with your inherited family home?
Can a sibling force a sale?
One of the most common disputes that arise from multiple siblings inheriting the family home is that one or more siblings may want to sell the home and split the proceeds, while another sibling may want to either live in the home or rent it out. The Florida Probate Code allows a sibling to force the sale of the property by initiating a partition action.
What does a partition action do?
Partition actions split the property into separate parcels with each beneficiary receiving a parcel. However, because it is usually not possible to separate a single-family home into multiple parcels, a partition action usually results in the co-owners selling the property.
What happens when one of the siblings is living in the home?
If one of the siblings is living in the home and does not want to sell, the most common way to resolve the issue is for the sibling who wants to stay in the home to purchase the ownership interests of the other siblings. If the siblings can not agree, then they may file a petition for partition to force a sale.
Disputes over the family home can get messy. However, probate law provides options for resolving them.