Inherited a house with your siblings: your options
When siblings inherit a house together, they usually own it together as co-owners. They can keep it, sell it together, or have one or more siblings buy out the others. If they can't agree, any of them can generally ask a court for a partition, which can end in a sale. Many states now give inherited ("heirs") property extra protections: an appraisal and a right for the others to buy out a sibling who wants to sell.
Updated 2026-11-03 · General information, not legal advice
Who owns the house now?
It depends on how title passes: through probate (a court-supervised estate), by a will or trust, by a deed that took effect at death, or, in some states, by an affidavit of heirship. Until title is cleared, a sale or buyout may need the estate's personal representative or a court order. A title company can tell you what it needs to insure a sale.
Can one sibling force a sale?
Generally, yes, through a partition action, even if the others object. In states that have adopted the Uniform Partition of Heirs Property Act, the court must first order an appraisal and give the other siblings a chance to buy the share of the one asking for a sale, at the appraised value, and prefers an open-market sale through a broker over an auction.
How do I buy out my siblings, and at what price?
Siblings can agree on any price. Many start from an appraisal or a broker's opinion of value, multiply by each share, then adjust for credits, such as taxes, insurance, mortgage payments or repairs one sibling paid. Put the deal in a signed written agreement, and close through a title company so the deed and payoffs are handled correctly.
Who pays the taxes and mortgage in the meantime?
Co-owners generally share the carrying costs in proportion to their shares. A sibling who pays more than their share may be able to get credit for it later, in a settlement or in a partition case, depending on the state's rules.
What if one sibling lives there?
A co-owner generally has the right to use the whole property, so a sibling living there usually doesn't owe rent just for living there. That can change if they keep the others out ("ouster"), collect rent from others, or the co-owners agree to a rent arrangement. A written occupancy agreement avoids the argument.
Can I sell my share to someone else?
Usually yes, without the others' consent. The buyer steps into your place as a co-owner. Expect a discounted price, and check your state's rules: some heirs-property laws limit what an outside buyer of a share can do.
Which states protect inherited property
25 of the 51 jurisdictions (the 50 states and D.C.) have heirs-property protections. The others use their general partition rules.
- Uniform Partition of Heirs Property Act (19): Alabama, Arizona, Arkansas, Connecticut, Florida, Georgia, Hawaii, Iowa, Mississippi, Missouri, Montana, Nevada, New Jersey, New Mexico, South Carolina, Tennessee, Texas, Utah and Washington.
- Protections for all co-owned property (4): California, District of Columbia, Maryland and Virginia.
- The state's own version (2): Illinois and New York.
Rhode Island's act applies only to actions filed after January 1, 2027. See the statute for every state.
How it works in your state
Documents that can help
You choose the document that fits what you want to do.
- Buyout Agreement for Co-Owners
- Agreement of Co-Owners to Sell Jointly Owned Property
- Joint Ownership Letter
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