Florida  |  Real Estate Law

You will have to file an action to partition the property. Then, if possible, the court may order that 2/3 of the property can be sold (by you and one sibling); or if physical division of the land is not possible, the court may order sale of the whole property and for the proceeds of sale to go to each of you and your siblings equally.

Thank you for your question. Your rights regarding the sale of your interests in the property will depend on how you took title to the property (e.g., tennants in common, joint tenants with right of survivorship, etc.). This would require a review of the relevant deed and/or probate documents as well as any written agreements concerning the property that you may have entered into. I would advise for you to consult with a licensed Florida attorney who may assist you with same. Also, in the event you are required to obtain your brother's consent to sell your interest in the property to a third party and he refuses to do so, you could consider filing a partition action in court.

Yes, there are things you can do because all three of you own the property together. I agree with the answers above. A partition is one way of forcing a sale, but maybe you can work out something with your brother without an expensive court battle. Who is paying for the insurance and taxes? Is your brother living in the house and have you received your share of any rent? Contact an attorney licensed in Florida for more help. Regards,