Suppose you and a sibling recently inherited a house from a parent but have reached a stalemate when determining what to do with it. In that case, it is normal to feel frustrated—like your path to gaining closure from this tremendous loss has been stymied. If this sounds like you, you may wonder, What happens if one sibling doesn’t want to sell the house we inherited? We are here to explain what this situation could look like and what your legal recourse is if you are in this conundrum.
At Gokal Law Group, we have mediated such disputes for countless siblings to ensure everyone’s needs and voices are heard. After losing a parent, you need each other more than ever. We will help you reach a resolution to ensure you can be there for one another. Your goals are our top priority, whatever they may be. Here’s what happens and what to do if one sibling doesn’t want to sell the house you inherited.
What Happens if One Sibling Doesn’t Want to Sell the House We Inherited?
Sometimes, siblings will inherit a family home that has a tremendous amount of sentimental value for both. Now, in these situations, it is not uncommon for one sibling to want to keep the property because of the memories it holds and the other sibling to want to sell it for pragmatic reasons.
Of course, both siblings are justified in what they want to do with the property, but their conflicting desires, compounded by the emotional toll of recently losing a parent, can cause deep-rooted sibling rivalries to surface and both parties to become entrenched in their respective positions.
So, in a situation with siblings contesting a trust, what happens and what can you do? Well, generally, you have two options: you can either pursue mediation or take legal action.
Mediation is an alternative dispute resolution (ADR) that involves bringing in an objective third party to find a compromise and avoid draining, contentious, and potentially relationship-altering litigation that will only amplify the emotional toll losing a parent has caused.
Through mediation, the sibling who wants to keep the house could negotiate buying out the other sibling’s interests in the property. If two siblings are splitting the property equally, one will have to buy out the other’s share of the property’s market value. If three siblings share a property, the one who doesn’t wish to sell would have to supply two thirds of its market value to their siblings; and so on.
Alternatively, if one sibling can’t afford to buy out their siblings up front but still wants the home, you can arrange for the “buyer sibling” to make payments over time—with interest. Taking out a loan against the property is another solution, as is renting out the property and splitting the profits.
With the help of a professional mediator, you and your sibling could reach a private agreement that suits both of you. For example, if the sibling who wants to keep the property chooses to rent it out, they would also agree to accept all the accompanying responsibilities. This frees you from having to worry about the upkeep, maintenance, and time investment that goes into managing a rental property, if that is your concern.
However, if your sibling refuses to compromise in any way, you can also work with a probate attorney to file a kind of lawsuit called a Partition Action. With the help of a probate lawyer, this lawsuit would force the sale of property.
“If you have found yourself in this stalemate, it’s important to understand that the court will not force you to hold onto property you don’t want to keep. This wouldn’t make any sense. Still, even if you are part of the majority in a larger family who wants to sell this property, it is impossible to force a sale of property without court intervention. While a partition action should be reserved as a last resort, it is still an invaluable tool at your disposal when you have run out of options.”
– Harry Wallace, Partner, Gokal Law Group
Related Article: Taking Siblings to Court: Can Siblings Force the Sale of Inherited Property?
Do You Need Help Reaching an Alternative Dispute Resolution or Filing a Partition Action? We Can Help With Both!
So, now you have the answer if you came to us wondering, What happens if one sibling doesn’t want to sell the house we inherited? While you can’t force a sale without court intervention, working with an unbiased and uninvested third party to act as a mediator and help find a compromise for you and your sibling could be a great solution. In doing so, you will also preserve your relationship and ensure that you can be there for each other as you navigate the complex emotions associated with losing a parent. However, if mediation is not an option, filing a Partition Action with an attorney is a vital legal tool at your disposal to force the sale. Regardless of which path you need, we can help.
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