What to do when beneficiaries cannot agree on the disposition of property?

UPDATED: Oct 7, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do when beneficiaries cannot agree on the disposition of property?

Mother past away; daughter is executor living elsewhere; son living in mother’s house. Daughter would like to split the proceeds of house – wants son to give half value of house to her, son wants to continue to live in the house. He does not agree to giving half of the value to sister, what is her recourse?

Asked on October 7, 2010 under Estate Planning, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In cases where joint owners cannot agree on the whether or not to sell a jointly owned piece of real estate, the party or parties seeking the sale can go to court and file an action for “partition”.

There are 2 kinds of partition:

  • A “partition in kind” is an actual partition. It severs the individual interest of the joint owners and each owner ends up controlling an individual portion of the property.
  • A “partition by sale” is accomplished by selling the entire property and dividing the proceeds equitably among the owners. This type of partition is used when partition in kind is impractical to perform, such as in the division of a single-family home. Note: Before a sale would be ordered, typically the court would permit one of co-owners to purchase the interest of the remaining co-owner(s) for fair market value).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption