What are my options as far as selling an inherited house and land if my sibling does not want to?

UPDATED: Jun 6, 2011

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: Jun 6, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my options as far as selling an inherited house and land if my sibling does not want to?

My father passed away 16 months ago and my 21 year old brother, my mother, and myself (23 years of age) each own 1/3 of the property consisting of a house and 200 acres (outright; no mortgage). My brother and mother are currently living at the house, but my mother is considering moving out. My brother is making it very difficult for us to sell the property because he is adamant about living there. He is currently in college with no income (or means to buy my share) and living there rent free. I have no interest in the home.

Asked on June 6, 2011 under Real Estate Law, Arkansas


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

Answered 11 years ago | Contributor

In a case where joint property owners cannot agree on the disposition of property, a "partition" action can be filed.  If possible the land will be equally divided and then each co-owner can do as they wish with their share. However, in the case where division is impractical (such as with a single family dwelling) the court can order a sale of the entire property and have the proceeds equally split. First however, any co-owner will have the right to buy-out the other co-owner(s) for fair market value.

However, your case is unique in that there is a house but also substantial acreage. Possibly there is some way to convey the house and some minimal property to your brother and have you and your mother each split the remaining land. Of course, it all depends on the value of the house and land; all co-owners are entitled to an equal monetary amount (an appraisal will be needed). At this point, you should consult directly with a real estate attorney in the area. They can best advise as to your full rights and remedies.

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