What to do when a co-owner won't sell
In almost every state, any co-owner of real estate can ask a court to end the co-ownership, even if the other owners object. That court case is called a partition. The court either divides the property or, if it can't be divided fairly, orders it sold and divides the money. Because a partition case takes time and money, most co-owners settle first, with a written offer, a buyout or an agreement to sell together.
Updated 2026-11-03 · General information, not legal advice
Can a co-owner force the sale of a house?
Generally, yes. A co-owner usually has the right to ask a court for partition, and the other co-owners can't simply refuse. Courts generally prefer to divide the property itself when that's fair; a house usually can't be split, so the court may order a sale instead. Some states add protections first, such as an appraisal and a chance for the other co-owners to buy out the one who wants to sell, especially for inherited ("heirs") property.
Can the co-owner who lives there stop a sale?
Living in the property doesn't by itself stop a partition. Common exceptions are a written agreement among the co-owners not to partition, property owned by a married couple as tenants by the entirety (in states that recognize it), and some homestead protections. The occupying co-owner may also owe the others credits, or be owed credits, for what each has paid.
What should I send before filing anything?
Usually a written letter or offer: who owns what, what you propose (a buyout, a sale of your share, or a joint sale through a broker), how you arrived at the price, and a deadline to respond. A clear written proposal is often what gets a stalled co-owner to the table, and it shows a court later that you tried to resolve it.
Can I sell just my share?
Usually yes. A co-owner can generally sell or give away their own undivided share without the others' consent. The buyer becomes a co-owner in their place. Few buyers want a share of a house they can't use, so shares often sell at a steep discount, and some states limit what a buyer of an heir's share can do.
What is a partition lawsuit, and how does it end?
It's a court case asking the court to divide the property or order it sold. Many end in a settlement or a buyout before trial. If not, the court divides the property ("in kind"), or orders a sale and divides the proceeds after costs and any credits between the co-owners, such as for taxes, mortgage payments or improvements one of them paid.
How long does it take, and what does it cost?
It varies by state, court and how hard the other side fights. An uncontested case can take a few months; a contested one can take a year or more. Costs can include filing and service fees, an appraisal or court-appointed commissioners, the costs of a sale, and attorney fees, which some states let the court divide among the co-owners.
Does it matter if we're tenants in common or joint tenants?
Both can usually be partitioned. With a joint tenancy, a partition or a sale of one owner's share generally ends the right of survivorship. A tenancy by the entirety (between spouses, in states that have it) generally can't be partitioned by one spouse alone.
How the rules differ by state
The answer to "what happens next" depends on your state. 25 of the 51 jurisdictions (the 50 states and D.C.) add heirs-property protections, and the court process differs too. Here are two states side by side.
| Oklahoma | Texas | |
|---|---|---|
| Can a co-owner take the property at a set value instead of a sale? | Oklahoma: Yes. Any party may elect to take it at the appraised value, within 20 days of the commissioners' report. (12 O.S. § 1512) | Texas: Not under general partition law. In heirs'-property cases only, co-owners may buy out a co-owner seeking a sale at the court-determined value, by notifying the court within 45 days. (Tex. Prop. Code § 23A.007) |
| Minimum price at a court sale | Oklahoma: Two-thirds of the commissioners' appraised value. (12 O.S. § 1513(A)) | Texas: None in an ordinary partition sale. In heirs'-property cases, the broker offers the property at no less than the court-determined value. (Tex. R. Civ. P. 770; Tex. Prop. Code § 23A.010) |
| Uniform Partition of Heirs Property Act | Oklahoma: Not adopted. | Texas: Adopted (Property Code chapter 23A). (Tex. Prop. Code Ann. § 23A.001 et seq.) |
| Who divides or values the property | Oklahoma: Three commissioners. (12 O.S. § 1506) | Texas: Three or more commissioners; a majority may act. (Tex. R. Civ. P. 761) |
| Time to object to the commissioners' report | Oklahoma: 20 days from the filing of the commissioners' report. (12 O.S. § 1509) | Texas: 30 days after the commissioners' report is filed. (Tex. R. Civ. P. 771) |
| Attorney fees and costs | Oklahoma: The court taxes costs and attorney fees and divides them by each party's interest. (12 O.S. § 1515) | Texas: No statute separately authorizes attorney fees. Costs are divided by the value of the share each party receives. (Tex. R. Civ. P. 778) |
How it works in your state
Documents that can help
You choose the document that fits what you want to do.
- Joint Ownership Letter
- Buyout Agreement for Co-Owners
- Agreement of Co-Owners to Sell Jointly Owned Property
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