According to Florida law, the homestead exemption does not preclude a court-ordered sale in a partition suit if the property is indivisible and such a sale is necessary to protect the beneficial enjoyment of the owners in common to the extent of their interests in the property:
We hold, with the First District, that our constitutional provisions allow the partition and forced sale of homestead property upon suit by one of the owners of that property, if such partition and forced sale is necessary to protect the beneficial enjoyment of the owners in common to the extent of their interests in the property.
See: Tullis v. Tullis, 360 So.2d 375
Additionally, Florida statutory law allows the personal representative or any beneficiary to petition the court to partition the property for purpose of distribution:
When two or more beneficiaries are entitled to distribution of undivided interests in any property, the personal representative or any beneficiary may petition the court before the estate is closed to partition the property in the same manner as provided by law for civil actions of partition. The court may direct the personal representative to sell any property that cannot be partitioned without prejudice to the owners and that cannot be allotted equitably and conveniently.
Note: There are conflicting decisions on the issue of whether or not the homestead section of the Florida Constitution prohibits the partition of property occupied by a divorced wife and minor children with the wife as the head of the family.
Related:
What Happens When Your Sibling Won’t Agree to the Sale of Inherited Property?
Who has the right to a partition and who does not?
Partition of Real Estate in Florida
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