Inheriting a home with your siblings can be complicated. Here is what to expect and how to handle common disagreements.
It's one of the most common scenarios in estate planning: a parent passes away and leaves their home to two or more children equally. While the intent is fair, the reality often creates conflict. One sibling may want to sell immediately, another may want to keep the family home, and a third may want to rent it out. These competing interests can strain relationships and delay access to your inheritance for months or years.
When siblings inherit a house, they typically become tenants in common — each owning an equal undivided share. Unlike joint tenancy, there's no right of survivorship, meaning each sibling's share is part of their own estate. Each sibling has the right to use the entire property, sell their individual share (though finding a buyer for a partial interest is difficult), and file a partition action to force a sale.
One sibling buys out the others. This is often the smoothest path. The key challenge is agreeing on a fair price. A professional appraisal removes the guesswork. The buying sibling may need a mortgage to fund the buyout, and title transfer requires legal documentation.
All siblings agree to sell. The siblings list the property, sell it, and split the proceeds after costs. This works well when everyone agrees on timing and price expectations. An estate attorney or mediator can help structure the arrangement.
A partition action. When siblings cannot agree, any co-owner can petition the court to force a sale. This is expensive (legal fees come out of the proceeds), time-consuming, and typically results in a lower sale price than a voluntary sale. It's a last resort — but it exists as a legal right for any co-owner.
Who pays the carrying costs? While the house is in limbo, someone must pay the mortgage, property taxes, insurance, and maintenance. These costs should be shared proportionally, or accounted for when proceeds are eventually divided.
Can one sibling live there? If one sibling is living in the home, the other siblings may expect fair-market rent. Without an agreement, this creates ongoing resentment and potential legal claims.
What about the contents? Personal property inside the home (furniture, heirlooms, keepsakes) needs to be addressed separately from the real estate. Many families find this is actually the more emotional conversation.
Property disputes between siblings can add months or years to an already long probate process. An inheritance advance lets you access your share of the estate while the property situation gets resolved — no loan, no credit check, no monthly payments.
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.
If a sibling refuses to communicate or participate in decisions about the property, the other siblings still have legal options. They can file a partition action to force a sale. Courts are experienced with uncooperative co-owners and have mechanisms to proceed even without one party's participation.
Legally, a tenant in common can sell their individual share without the other co-owners' permission. However, finding a buyer for a partial interest in a home is extremely difficult — most buyers want full ownership. This is why partition actions (forcing a sale of the whole property) are more common than individual share sales.
A reverse mortgage typically becomes due when the homeowner dies. The heirs must either pay off the loan balance (usually by selling the home or refinancing) or let the lender foreclose. The timeline is usually 6-12 months. If the home is worth more than the loan balance, the difference belongs to the heirs.
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