It might be challenging to inherit real estate with others, mainly if one of the recipients resides on the property. Siblings who inherit their parents’ home jointly frequently find themselves in this situation, which can exacerbate already tense family dynamics.
It is always better for siblings to negotiate a plan that all beneficiaries support, like a buyout agreement. The siblings may utilize a legal procedure called a “partition action” to force the sale of the house they inherited, however, if they cannot agree. Since it can be financially and emotionally draining for the surviving members, it’s best to consult an expert trust and estate litigation lawyer.
What Can Happen When One Sibling Refuses to Sell an Inherited Property?
There are numerous ways to settle the conflict when one sibling occupies an inherited home and won’t leave when the other heirs wish to. For instance, if the sibling residing in the house has the money to do so, they could purchase the portions of the property held by the other siblings.
However, the heirs who desire to sell can compel its sale through a splitting action if the successors cannot decide how to manage the matter. A partition lawsuit is a court-ordered process that enables a co-owner of real estate to divide the property into distinct parts for each owner, if that is possible, or to sell the property. The most frequent conclusion in these circumstances is that the court directs the estate to be liquidated and the money to be shared among all co-owners, crucially after the petitioning party’s fees and charges are paid. This is because residential residences can rarely be divided in this manner.
This implies that the child who resides in the ancestral property and wants to keep it can usually override the wishes of the brother who wants to sell it.
Is it possible to buy out brothers from an ancestral home?
If all of your siblings agree, you can trade them out if you receive a house along with them.
There is still an opportunity to come to a resolution even if your brothers have already launched a partition case. As long as you and your family can reach an agreement, the fact that a division action has been started does not mean that the enforced sale of the acquired house is unavoidable. The scenario where the brother who wishes to keep the property buys out the brothers who desire to sell it is the most typical settlement scenario.
Siblings may explore alternative agreements if this is not an option, such as renting the house to the sibling residing there or enabling the brother to keep the property in compensation for their part of other estate assets. In some circumstances, the sibling who wishes to maintain the property may be able to buy their portion through a monthly payment with the consent of all beneficiaries. There are as many options as your siblings, and can think of.
You should speak with trust litigation lawyers as soon as possible if you and your siblings are arguing about selling a home you both acquired as children. The sooner you consult a probate litigation attorney, whether you want to maintain or sell the property, the better. If you contact a lawyer quickly, they may also be able to assist you in negotiating a legal settlement that will allow you to avoid going to court altogether and the emotional and financial costs involved in litigation. An attorney can assist you in filing or defending a partition action in court.