So, you’re ready to sell the house—but your co-owner? Not so much.
Maybe it’s a sibling who inherited the property with you. Maybe it’s an ex-spouse after a rough split. Maybe it’s a friend or business partner who’s dragging their feet. No matter how you slice it, trying to sell a Florida home when one party won’t budge can feel like pulling teeth with a pair of pliers.
Here’s the thing—this happens more often than you’d think. And the good news? You’ve got options.
At Orbit Properties, we’ve worked with folks all over Florida dealing with exactly this kind of situation. Whether the home’s in Jacksonville, Green Cove Springs, Middleburg, or beyond, we help sellers move forward—even when a co-owner makes things complicated.
If you’re stuck wondering what to do when the other person won’t cooperate, keep reading. We’re going to break it all down in plain language, including your legal rights, possible solutions, and how to get the house sold without dragging the drama into court.
Common Co-Ownership Situations in Florida
Let’s start with how these situations usually arise. Most of the time, shared ownership happens in one of these ways:
- You inherited a house with a sibling or other family member
- You and your ex still co-own a home after a divorce
- You bought a home with a partner or friend as an investment
- You’re listed on the title with a spouse or relative for financial reasons
It probably felt like a good idea at the time. But things change. People move, relationships shift, and eventually, one party wants out while the other digs in their heels.
What Happens When One Owner Refuses to Sell?
If one owner wants to sell and the other doesn’t, you’re in a legal and financial bind.
And here’s why: under Florida law, co-owners (also called “tenants in common” or “joint tenants”) have equal rights to the property. That means no one person can force a sale without going through the proper legal channels—unless you both agree.
Sound frustrating? It is. But you’re not out of luck.
Let’s break down the steps you can take to get that house sold—even if your co-owner’s ignoring calls, fighting you on price, or flat-out refusing to cooperate.
Step 1: Know What Kind of Ownership You Have
Before you start exploring your options, you need to know exactly how the property is titled.
Here are the most common types of co-ownership in Florida:
| Ownership Type | Description |
|---|---|
| Tenants in Common | Each owner has a separate, transferable interest. Most common among heirs. |
| Joint Tenants with Right of Survivorship | Equal ownership that transfers to the other owner when one dies. |
| Tenancy by the Entirety | Reserved for married couples only. Converts to tenants in common after divorce. |
You can find this info on the deed. If you’re not sure how to interpret it, a real estate attorney can help clarify things quickly.
Why does this matter? Because your rights (and your options) depend on it.
Step 2: Try to Reach an Agreement—Yes, Really
Look, we know talking it out isn’t always easy. But if there’s even a sliver of hope that you and your co-owner can come to an agreement, start there.
Some questions to ask:
- Would they be open to selling if you gave them more time?
- Are they worried about price, moving logistics, or emotions tied to the house?
- Would they consider selling if they didn’t have to do any of the work?
We’ve seen cases where one person didn’t want to deal with showings or cleanup—until they found out they could sell the house as-is for cash and be done in a week.
If you can reach an agreement, great. If not, keep reading.
Step 3: Offer to Buy Out Their Share
Sometimes the fastest solution is just to buy the other person out.
Here’s how it works:
- Get a fair market appraisal
- Offer to pay them their share (based on current value)
- Refinance the mortgage or pay cash to remove their name
This works best when:
- You have access to financing
- The property has equity
- The other party is open to walking away with their cut
But let’s be real—not everyone has the means (or desire) to do this. And some co-owners refuse out of spite, not logic. So what then?
Step 4: Consider a Partition Action (Court-Ordered Sale)
If all else fails and your co-owner won’t budge, Florida law gives you the right to file a “partition action.”
What’s that? It’s a lawsuit asking the court to force the sale of the property and divide the proceeds.
Here’s how it usually plays out:
- You file a partition complaint in civil court
- The court reviews the ownership structure
- If the home can’t be physically divided (which it usually can’t), the judge orders a sale
- The house is sold (often through public auction)
- The proceeds are split between the owners
Sounds like a win, right?
Well… sort of. Partition actions come with a few drawbacks:
- Legal fees can add up quickly
- You may not get top dollar at auction
- It can take months to resolve
- The process often damages relationships permanently
So while it’s absolutely a legal option, most people use it as a last resort.
Your Options When Co-Owners Disagree
| Option | Timeframe | Cost | Stress Level | Success Rate |
|---|---|---|---|---|
| Talk It Out | Days to weeks | None | Medium | Moderate |
| Buy Them Out | 2–4 weeks | High upfront | Low | High |
| Sell As-Is to Cash Buyer | 7–14 days | None | Very Low | High |
| File Partition Lawsuit | 3–12 months | Legal fees | Very High | High |
Step 5: Consider Selling to a Cash Buyer
Here’s where things often come together—especially when one party just wants it over with.
Selling to a cash buyer like Orbit Properties can simplify everything. No agents. No repairs. No long timelines. And you can split the proceeds fast.
We’ve helped families and business partners in deadlock situations close the deal and walk away with their share.
Why it works:
- No need to agree on repairs or staging
- We handle the title and legal paperwork
- We pay closing costs—so there’s nothing to argue about
- Flexible closing dates for both sides
In short, we make the sale painless—so you don’t need a courtroom to move forward.
Real-Life Examples From Sellers Like You
The Sibling Standoff in Jacksonville
Two brothers inherited a home from their parents. One lived out of state and wanted to sell. The other still lived in the house but didn’t want to deal with realtors or repairs.
They called us. We made a cash offer that let the brother living in the home stay for 30 days after closing. Everyone got their fair share, and no one had to fight in court.
The Divorce Dilemma in Orange Park
A divorcing couple was stuck—neither wanted to live in the house, and both were behind on payments. Emotions were high. We bought the property, paid off the mortgage, and split the remaining equity. They each got what they needed to start fresh.
The Investment Gone Sour in Green Cove Springs
Three friends bought a rental together. One wanted to sell, one didn’t care, and one refused to answer calls. After months of stress, they sold to us and closed in 10 days.
Tips to Keep the Process Smooth
If you’re trying to sell a home with an uncooperative co-owner, here are a few smart moves:
- Document everything: Keep written records of offers, communication, and agreements.
- Stay calm: Escalation only makes it worse. Stick to facts and solutions.
- Bring in a neutral third party: Sometimes a mediator or real estate attorney can help everyone see reason.
- Know when to walk away: If your co-owner is truly impossible, a partition lawsuit may be your best (or only) move.
Orbit Properties Can Help—Even When Things Get Messy
We’re not lawyers, but we’ve worked alongside probate attorneys, divorce mediators, and families in some of Florida’s trickiest co-ownership disputes.
Here’s what you get when you work with us:
- Fast cash offers (often within 24 hours)
- No repairs, no commissions, no hassle
- Closing in 7–14 days
- We handle all the title and legal work
- Local expertise from a Florida-based team
Whether the other owner’s being difficult or just plain silent, we can help you take the next step.
Ready to sell and move on? Visit https://sell2orbit.com/ to request your no-pressure cash offer.
