When someone passes away and leaves behind property, it is normal for those who inherit it jointly to disagree about what to do with it. Some people will see it as a responsibility they don’t want to take on, while others will feel the opposite or hold a strong sentimental attachment to it. If you don’t want to sell but others do, you might ask yourself, Can I be forced to sell inherited property? Generally, the answer is yes, but you have options if you work with an attorney early in this process. At Gokal Law Group, we have helped countless heirs reach alternative dispute resolutions through mediation when heirs disagree on what to do with inherited property. Here’s what to know if other beneficiaries are trying to force you to sell.
Can I Be Forced to Sell Inherited Property?
Whether or not a person can force you to sell inherited property depends on a few factors. The first question you have to ask yourself is this: Are you the sole owner of the property? If so, there is little others can do to force you to sell it.
However, suppose you inherited property jointly with your siblings that cannot be easily divided, like a house. Things start to get more complicated in these situations.
It is common for disagreements to arise between siblings. Maybe you want to rent it out, live in it, or use it as a vacation home, but your other siblings want to sell it. Tensions quickly rise and are only compounded by the intense emotions that accompany the grieving process.
If you do not want to sell a property, understand that California law will not force the other co-owners to hold onto property they don’t want to own. This law is the impetus for the partition action, a type of lawsuit that can force co-owners to sell.
Even if only one co-owner wants to sell a property, a partition action will force a sale. After the sale, every party with an interest in the property will receive an equitable share per the scope of their ownership.
Any co-owner with an interest in the property, including those with even a fractional interest, can initiate a partition action. Someone does not have to be the majority owner to force the sale of jointly-owned property.
If someone is filing a partition action and forcing the sale of a property you want to keep, working with an attorney is essential to navigate the probate litigation process and reach a compromise that all parties are happy with.
Related Article: Can a Beneficiary Stop the Sale of a Property in California?
What Can I Do When I Am Being Forced to Sell Inherited Property?
Still, know that you have options now that you’ve answered the question: Can I be forced to sell inherited property?
First and foremost, once someone files a partition action, it is difficult to stop the sale. While you will still receive your share of the profits, there may be better options. A partition action requires going to court, which strains or damages relationships and takes a substantial emotional toll.
Bringing in a mediator to act as an impartial third party could be a great way to reach an alternative dispute resolution so you can avoid going to court and find a solution where everyone benefits. For example, you could buy out the other sibling(s) of their shares.
If you don’t have the funds to buy them out, maybe you could reach an agreement where you rent it out and they receive a percentage of the profits until they have been bought out. Your attorney will craft creative solutions that fit your needs and those of the other heirs.
“When dealing with a situation where only one sibling wants to sell and is the minority owner, it can be easier to reach a settlement before it goes to court because you and your other siblings can buy them out together. It’s also important to know that if the partition action goes forward and the house is sold, you and your siblings still have the chance to buy the property.”
– Nicholas D. Porrazzo, Partner, Gokal Law Group
Related Article: What Should I Do When There Are Siblings Contesting a Trust?
Are You Being Forced to Sell Property You Don’t Want To? We Can Help You Hold Onto It.
So, now you know the answer if you were wondering, Can I be forced to sell inherited property? If you own the property jointly with other beneficiaries and it cannot be easily divided, then yes. Even a minority owner can force the sale of property with a partition action. However, with the help of a seasoned attorney, you can reach a compromise that satisfies all parties through alternative dispute resolutions like mediation. Avoiding litigation should always be the goal so you guys can be there for each other during this trying time and reach a place of closure together.
Visit our Contact Page to schedule a consultation and find a resolution that satisfies all parties.
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