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?

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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

Answers:

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

Answered 3 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.


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