What To Know
- Disputes over inherited homes can arise when family members don’t agree on whether to sell or keep an inherited home.
- A partition lawsuit is a last ditch effort to allow a co-owner to force the sale of jointly owned home if others refuse to sell.
- Finding an experienced guide is crucial to navigate (and ideally avoid) a partition action, ensuring you achieve the best possible outcome.
- Understanding the various types of property partitions will help co-owners determine the wisest course of action.
- Resolving disagreements out of court (negotiation or mediation) can save siblings time, money, and family relationships.
Handling an inherited home with multiple owners can be a surprising challenge and cost a large amount of money, especially when your siblings do not agree on the sale of the inherited property. Realistically, you’ll need a guide to figure out how to avoid something called a partition action (or “partition lawsuit”) to settle this estate, and to know if this would be your best option – it usually is not. These types of suits are a last resort when all other options have been explored.
Without a strong estate plan or will, family arguments can escalate, and the process of dividing the family estate can hurt your family and cost you real money. This guide will show you what you need to know for each part of the process of a disputed property partition, and give you choices when siblings want different things after you all inherit a house. Heir Solutions offers a free consultation to help you navigate this exact situation, if you need a guide.
What Is a Partition Action?
When siblings have a jointly owned property and can’t agree on what to do with it, they might need to file a partition lawsuit. This is a court process that helps co-owners of real estate either sell or fairly divide a property. People usually file a partition lawsuit when one person wants to sell but the others want to keep their share of the home.
A partition lawsuit can end with the sale of the property on the open real estate market on Zillow.com or elsewhere on the MLS, or sometimes by dividing the property itself, or through a cash buyer. However, splitting real estate is challenging and time consuming, so selling through a cash buyer is much more common. You’ll have to think about attorney fees, court costs, how much time it will take, and other issues before moving forward. For co-owners who are ready to liquidate, a partition lawsuit provides a legal solution to split whatever money is collected from the sale of the property, as well as mitigating debts, liens and other objections attached to it.
What Is Required to Bring a Partition Action?
Starting a partition lawsuit requires six main steps (detailed below). First, the person bringing the case must show they have legal ownership of the property (at least in part). Their name should be on the title. If you don’t have at least a shared legal interest, then they cannot file a partition case – there are other options in this case. Next, the home must be able to be simply divided; for example, a division of property would not fix the problem. Lastly, at least one of the owners of the property must want to sell, while others disagree.
Having a guide is important for these steps. Your guide will check deeds and help you know what to do when filing this complaint, if it’s necessary. A lawyer may be an option, but you’ll need to find an attorney who is familiar with this type of lawsuit to help you follow the Ohio state laws. In the meantime, make sure all documentation of costs like home repairs or tax payments is kept safe, along with any liens you may already know about. If you need assistance with costs, you might consider seeking legal aid to help you get money back when the case is over (especially if there are arguments about expenses).
What to Consider Before You Sue for Partition of Property
Filing for partition is not always the best course of action. Attorney fees can be high. Legal steps are hard to follow, and there’s usually a real strain on relationships, especially following a death of a loved one. Disputes over jointly owned home are costly, and they may take months or even years.
When it looks like a partition claim is the right path for our clients, we’ve already exhausted other options like mediation, private buyouts, and even rental plans. Even these typically require a lot of creativity to serve the family, and will end in a sale of some kind – usually to a cash buyer who will take on the risk of the large liens and other disclosures. Still, if you cannot reach any deal with siblings, a partition lawsuit may be the only option to end your stake and collect fair payment, and find closure on this season. Together, we’ll think about the pros and cons of this course, and make sure you have the best guidance before moving forward with such any legal proceeding.
Types of Partitions
There are three main ways to handle the division of the property in a partition action, and knowing about them will help you choose the best next step:
- Partition by Sale: The property is sold, and the money from the sale is split among the owners based on their proportional interests. The sale usually happens in a public auction or the open market, but is simplest with an understanding cash buyer. This can lead to higher sales prices. However, you will not keep the real estate anymore.
- Partition by Kind: The property is divided into pieces, so each owner of the property gets their own section. This way, each may use their land as they want. This choice is fair, but it only works well if the estate is large, and will not work for one small home.
- Partition by Appraisal: One owner buys out the others, and they all agree on a price after getting an appraisal. This skips escrow fees and commissions from selling, so it can be the best possible outcome to save money, and you can even engage a cash buyer in this process to by out that remaining sibling.
Each method is used for different reasons, like the size of the property and if the owners disagree.
Can I sell inherited house without siblings?
You can. If siblings can make the sale happen under state law, then yes… but this is far from easy. You’ll need a guide like Heir Solutions to make it happen – we’ll help you get there, but we want to help you avoid a partition sale (lawsuit). Ultimately, we can buy your fractional interest if necessary, and then work with other heirs.
What Happens When a Sibling is Living in a Deceased Parent’s House?
A decedent’s home that many siblings inherit after a loved one dies can create some real headaches when one of the adult children lives in the house. If the will or trust gives the brother or sister the right to live there for life, this may simplify things legally, but certainly not emotionally. It’s more usual that all the siblings get an equal ownership of the property, and if one is living in the home with only a fractional interest, that’ll lead to disagreement over split rent, fair value, and inheritance dollars, or application of liens.
The other co-owners may ask for a buyout, start asking for rent, or even go to court. They may request an eviction or a partition action. The court’s preference might be to sell the home and split the money. It is usually the best option and is the right time to engage an expert like Heir Solutions to seek options.
If it’s not possible to divide a jointly owned property in a fair way, a partition lawsuit lets one sibling go to court and push for a sale of jointly owned property.
What Happens if My Brother or Sister Is Living Rent-Free in an Inherited House?
Resolving issues when a sibling lives for free in a jointly owned property starts by knowing what legal rights you and they have. If there is not a mutual agreement that allows one person to stay, then a co-owner can ask for unpaid rent. They can also seek eviction or even file a partition lawsuit to get their share of the property back.
When the house is considered heirs’ property, some unique rules may keep one sibling from acting on their own. Siblings who are not asking for a partition action can still use the property, unless everyone agrees to a fair buyout. But when a public auction or sale to a cash buyer is necessary, getting expert counsel helps you understand and handle the cost of a partition action.
Tips for Navigating Partition Sale of Property
Sorting out family relationships when you are dividing up inherited items or property starts with open talks and getting advice from a professional. Begin by looking at the estate plan or the will. This will show you the steps for how things should be split. Bringing in a third party, like a mediator or expert guide like Heir Solutions, can help solve arguments before they turn into bigger problems.
No matter what course of action or best course of action the group chooses, like selling or renting property, everyone needs to share what they want clearly. You would ideally try to reach an agreement that works for everyone, and we can help navigate this. Keeping the peace while you figure out who gets what (if possible) is key—this will help your family move forward after losing a loved one, whether the inheritance is valuable, or a liability, or holds meaning for all of you.
How do I evict my brother from an inherited property?
Evicting a brother from inherited property can take time and needs to follow the law. Start by looking at the papers that show who owns the property. If talking things out between you and your brother does not work, you should get help from a lawyer. The lawyer can help you go to court. It is important to follow the rules and laws in your area every step of the way.
Step-by-Step Guide to Forcing a Sale
Starting a partition action needs a pretty clear plan. First, we’ll check who owns the inherited property and what rights each person has. We’ll make sure that all legal papers are correct and in order. After that, we’ll try to talk with the other owners to create an equitable arrangement. We want to help you avoid going to court. If you cannot agree, that’s when forcing a sale may become an option. We will abide by Ohio state law, and will help you with the process to make sure the division of the property gives you (all) the best possible outcome.
Step 1: Verify Ownership and Rights
Before you sell an inherited home, it’s super important to be clear about who owns it and what rights each of the owners has. Look at the original deed and/or the will to find the names of everyone who owns the home and their proportional interests. Make sure the estate plan (if there is a will) clearly shows your rights as an heir. Gather all needed paperwork, like the death certificate or probate records. These documents help you prove your right to the home before you even consider a partition lawsuit. This step helps us think through the best course of action, and keeps you in compliance with Ohio state law.
Step 2: Attempt Negotiation with Co-owners
Talking with co-owners (if at all possible) is the best way we’ve seen to solve problems when there is a dispute about inherited property. Open talks help everyone say what they want and think about the share of the property. Using ideas like a buyout agreement or talking about a public auction can help people agree on a way forward.
Step 3: Consult a Professional Real Estate Guide
Getting advice from a professional is an important part of selling inherited property. Wise counsel will help you know your rights and also your duties under Ohio state law regarding your inherited estate. If you do talk with an attorney about the details of a partition action, be sure to have your costs known upfront. If you choose to work with Heir Solutions, we will look out for your interests during talks with siblings, and help you reach the best possible outcome.
Step 4: File a Partition Action in Court
Dealing with property disputes can be tough. Our clients typically hope to avoid the court system (and we’ll make that the goal). However, when you file a partition action in court, you’re making a formal request to split up the ownership of the property with other co-owners – and this may be necessary. Having an experienced real estate professional lead this process will make it faster and less painful.
Step 5: Court Evaluation and Order for Sale
During the court review, your judge will review all important evidence and what each side has to say in the partition action. They’ll check the proportional interests that every owner has including any liens and debts associated with the home. After this, the court will give an order for the sale of the property if it is the right thing to do. This order opens the way for a cash buyer to close on the property for you immediately.
Step 6: Sale of Property and Distribution of Proceeds
The money from the sale of the property will then go to pay off liens, Medicaid debts, and the balance goes to the estate beneficiaries. In fact, a cash buyer like Heir Solutions may be able to purchase the home with the liens still attached.
Estimating the Costs to Sell Inherited House Without Siblings
The usual attorney route through this process involves attorney fees, appraisal costs, and court costs. On top of that, you might need to pay real estate commissions to help finish the sale. The costs for each piece of property could be different because of the local real estate market and state law.
Utilize a free consultation with Heir Solutions to work out what cash may be available to you without needing to spend on high attorney fees.
Understanding the Distribution of Sale Proceeds
How the money from a sale gets shared depends on the inheritance structure and the debts already attached to the property itself. Each beneficiary will receive their share of eventual proceeds based on the percentage of the home that they own, minus the debts. This can be really emotional and will be tough if family members have friction towards each other. We try to remind our clients along the way that estate beneficiaries do need to bear in mind any debts that come with the estate, as these debts lower the money everyone receives, since those debts are legally obliged to be paid first.
This means that your claim to the property is essentially subject to another claim (like a Medicaid Lien from healthcare needs towards the end of life, or a late tax payments resulting in a tax lien).
On top of that, state law may control (or at least determine) how this is all executed. Talking to a probate lawyer or attorney may help you get the process executed correctly, but will be the more expensive option to find out what everyone needs to do. Good communication and having a guide like Heir Solutions in place can help the group handle the process better, as well as giving you the best chance to walk away from a problem home without lingering debts.
Are there Alternatives to Partition Actions?
Looking for other ways instead of a partition action for siblings arguing over estate issues? We can usually help co-owners solve the probate or inheritance challenges in a friendlier way. Mediation with Heir Solutions is a good tool to help family members talk things out together, but we also regularly broker agreements without everybody having to get in the same room. With a solution like this, we can work out a buyout agreement and possibly avoid having to go to court altogether. Our goal is to look through our suite of solutions to settle this in an amicable way, so that everyone can agree on an eventual (and fast) division of property.
Various clients look back at this process and tell us that having a guide has helped smooth family relationships during an otherwise tense transaction.
Conclusion
Selling an inherited property can be hard, especially when there are two or more owners. Together, we can often talk to the other siblings and will be able to work out a buyout agreement. But, you might need to push for a “partition action”. The steps listed above can help everyone get the best possible outcome, but we strongly recommend doing this with a guide – indeed, it’s always a good idea to get legal counsel or wise counsel to help you know your rights and duties.
If you work with us to make a clear plan when it comes to sharing the burden, the debts, and finally any money from the sale of jointly owned property, we can help this move much more smoothly. Feel free to reach out to Heir Solutions for a free consultation.
Additional links:
https://www.youtube.com/c/RoyalLegalSolutions
https://probateadvance.com/can-siblings-force-the-sale-of-inherited-property/
