Legal Question in Real Estate Law in Florida

Can heir property be sold if all the heirs don't agree to the sale?

My late grandmother had 4 and a half acres of propery

in Florida

that she left to my mother and her sisters. My aunts

now want to sell the propery but my mother and another

Aunt do not want to sell it. Another of my aunts is

claiming she has gotten power of attorney from my

other aunts and can sell the property by domain. Is

this true or before the property can be sold all of

the heirs of the property have to agree to its sale?

Also if the land is sold do the aunts that want the

land sold have the right to dictate how much land my

mother and aunt can have that won't be sold? Thanks


Asked on 1/06/02, 8:41 pm

1 Answer from Attorneys

Joel Cohen Joel M. Cohen,P.A.

Re: Can heir property be sold if all the heirs don't agree to the sale?

The more people who co-own a property, the greater the liklihood that controversies will occur. Any co-owner may compel the sale thropugh a law suit called "partition". See Chapter 64, Florida Statutes.Best to come to some buy-out resolution among you as you will be paying legal fees and suffer a liquidation price at a court ordered auction.

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Answered on 1/19/02, 7:17 pm


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