If you and your sibling inherited a house, can your sibling try to put you out of the home if they want to sell it?

My parents died years ago. I went to and paid the courts to add the Will and Miniment of Title to be put on file. My older brother wants to sell the house. Can he legally do that? I’ve lived there since i was born.

Asked on March 21, 2018 under Real Estate Law, Tennessee


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

Answered 2 years ago | Contributor

Now that the house is in both of your names, you and your brother own the house jointly. And in cases where co-owners cannot agree as to ownership matters, the law provides a remdey. it is called "partition". Under such an action the court will order that the property be sole, if possible. If not (such as in the case of a single family house), then the court will order a "sale in lieu of partition". Accordingly, the house will e listed to sle to the general public for fair market value; upon sale the proceeds will be equitably divided. First, however, any owner(s) wanting to keep the property as the option of buying out any owner(s) who want(s) to sell.

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