If 5 of us inherited 2 acres heir property and want to sell it but 1 wants to keep it, can a sale be forced anyway?

UPDATED: Oct 1, 2022

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: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If 5 of us inherited 2 acres heir property and want to sell it but 1 wants to keep it, can a sale be forced anyway?

There are 5 of us siblings. My mom passed without a Will. We cannot come to a common agreement, so can 3 of us force the sale of the property?

Asked on January 8, 2018 under Real Estate Law, South Carolina


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

Answered 4 years ago | Contributor

When co-owners of property cannot agree as to ownership matters, a court can order that the property be divided or, if not practical to do so (as in the case of a house), it will then order that it be sold. At that point, the proceeds of the sale will be divided equitably. However, before doing so any owner who wants to keep the property will have the right to buy out the other owner(s) for fair market value. At this point, you should consult directly with a local real estate lawyer who can advise you further under specific state law.

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