If 2 brothers inherit equal undivided shares of land, how can it be divided?

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If 2 brothers inherit equal undivided shares of land, how can it be divided?

One brother wants to sell the other doesn’t. These brothers do not get along and will not agree. How can the brother that wants to sell go about getting the land divided? How long will this take?

Asked on July 7, 2012 under Estate Planning, Texas

Answers:

Brad Micklin / The Micklin Law Group

Answered 9 years ago | Contributor

It depends on the status of the probate matter. If the matter is still in probate, the executor may have the authority to decide what to do with the property, whether to sell it or to give it to the brothers equally.

If the executor gives the property to the brothers equally, one can file something called a partition action.  A partition action is a lawsuit when people jointly own real estate and cannot equally divided it.  The court can order a buy-out or to have the property listed for sale.


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