If 4 of 5 people that inherit a property do not want to sell, is there anything they can do?

UPDATED: Nov 15, 2011

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.

UPDATED: Nov 15, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If 4 of 5 people that inherit a property do not want to sell, is there anything they can do?

Asked on November 15, 2011 under Real Estate Law, Pennsylvania


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

Answered 11 years ago | Contributor

Possibly. There exists in the law a remedy known as "partition". This is an action available to joint property owners when they cannot agree as to whether or not to sell the property (and/or other ownership matters). A partition allows for the division of property if it can be physically divided (e.g. as in the case of raw land). However, in a case where division would be impracticable (e.g. a single family house) a court would order a "sale in lieu of partition" and an equitable distribution of the proceeds among the owners would be made. However, and this goes to the heart of your question, the co-owners would first be allowed to buy out the owner who wanted to sell. The sales price would be based in the then existing fair market value.

At this point, you should consult directly with a real estate attorney in your area.

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