3 people inherited a house 2 want to sell 1 no what options

UPDATED: Sep 30, 2022

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3 people inherited a house 2 want to sell 1 no what options

my wife her sister and brother inherited there fathers house the sisters want to sell but the brother does not and has even rejected 2 offers what are the sisters options

Asked on January 27, 2017 under Real Estate Law, Texas


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

Answered 6 years ago | Contributor

"Partition" is a legal tool employed by the courts in situations where co-owners of property (real/personal) cannot agree as to ownership matters. The procedure allows for the division of the property among the owners (any co-owner can file for such an action) if the property can be physically divided. If not (as in the case of a single family house), the court would then order a "sale in lieu of partition" with an equitable division of the proceeds among the owners. The court would first, however, permit one co-owner to purchase the interest of the remaining co-owner(s) at fair market value. Since it’s a very complex process, so you should consult at this with an attorney in your state for further advice.

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