If my 2 siblings and I inherited a house, can the house be sold if one of us doesn’t want to sell it?

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If my 2 siblings and I inherited a house, can the house be sold if one of us doesn’t want to sell it?

My mom died 9 months ago and left her house to all 3 of her children. My brother and I want the house sold while my sister refuses to even allow a buyout. I will be going to probate court at the end of the month to be named the executor because my niece is being removed. What can my brother and I do to solve this problem?

Asked on August 4, 2018 under Estate Planning, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Because the house is left to all three heirs, then all three heirs will need to agree to insure that the title passes clearly to the new owner....which does make things complicated when you have a 2:1 split and one heir is refusing to sign.  However, because the case has been submitted to probate and you are being named the executor, you simply need to ask the court for permission to sell the house and to divide the proceeds.  Most courts will enter a sale order when a property cannot be easily divided and the heirs do not agree on how to dispose of an asset.  You also need to get permission form the probate court to exclude anyone from using the house while you are attempting to sell it.  You can cite to the prior issues with the realtor as the reason why this is necessary.


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