When multiple people inherit real estate, disagreements about what to do with the property are common. Here is how the law handles it.
When two or more people inherit real estate together — whether through a will or intestate succession — they become co-owners. Each heir holds an undivided interest in the entire property. No single heir owns a specific room or section; everyone owns a percentage of the whole. This shared ownership works fine when everyone agrees on what to do. Problems arise when one heir wants to sell and another wants to keep the property.
In every U.S. state, a co-owner of real estate has the legal right to file a partition action — a lawsuit asking the court to divide or sell the property. There are two types. A partition in kind physically divides the property (practical for large parcels of land, rare for houses). A partition by sale forces the property to be sold, with proceeds divided among the co-owners according to their shares.
Courts generally prefer partition by sale for residential properties because houses cannot be meaningfully split. The process typically involves appointing a referee or commissioner to oversee the sale, which may happen at auction or through a real estate agent. The result is often a lower sale price than a cooperative private sale would achieve — court-ordered sales rarely maximize value.
Recognizing that forced sales disproportionately affected families — particularly those with generational property — many states have adopted the UPHPA. This law adds protections before a forced sale can proceed. The court must order an independent appraisal. Co-owners who want to keep the property get the right to buy out the others at the appraised value. If no buyout occurs, the court considers whether a partition in kind is feasible before ordering a sale. And if a sale is ordered, it must be conducted on the open market rather than at a potentially undervalued auction.
As of 2025, roughly 20 states and the U.S. Virgin Islands have adopted some version of the UPHPA. If your state has adopted it, this significantly changes how a partition action works.
Negotiated buyout. The simplest resolution: one heir buys out the others' shares at an agreed price. This avoids court costs and preserves family relationships.
Voluntary sale. All heirs agree to list the property and split the proceeds. This typically yields the highest sale price.
Mediation. A neutral mediator helps co-heirs reach agreement without litigation. Many courts require or encourage mediation before proceeding with a partition action.
Rental arrangement. If one heir wants to live in or rent the property, the heirs can agree to a rental arrangement where the occupying heir pays fair rent to the others.
Property disputes can drag on for months or years — on top of the probate timeline itself. If you're a co-heir who needs funds while a property disagreement is being resolved, an inheritance advance can provide cash now based on your share of the estate, without waiting for the property to sell or the partition action to conclude.
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Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. We strongly encourage you to consult with a qualified attorney or financial advisor for guidance specific to your situation. First Heritage Funding is not a law firm and does not provide legal services.
A co-owner can occupy the property, but they cannot prevent other co-owners from exercising their legal rights. If other heirs want to sell, they can file a partition action. The occupying heir would need to buy out the others or agree to a sale. Courts do not generally allow one co-owner to block a sale indefinitely.
Partition actions typically take 6 months to over a year, depending on the state, court backlog, and whether the parties reach a settlement. If the property goes to court-ordered sale, additional time is needed for the sale process. Legal fees can be substantial.
Legally, all co-owners share responsibility for property taxes, insurance, and maintenance in proportion to their ownership interest. If one heir pays more than their share, they may be entitled to reimbursement from the others — either by agreement or through the partition proceedings.
Yes. In a partition action, the court typically considers contributions each co-owner has made — including mortgage payments, property taxes, repairs, and improvements. An heir who invested significantly in the property may receive a larger share of the sale proceeds to account for those contributions.
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