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CAN SIBLINGS FORCE THE SALE OF INHERITED PROPERTY?

Posted by Ryan A. Jones | Feb 15, 2019 | 0 Comments

Can siblings force the sale of inherited property? Yes, generally such property qualifies for a partition action. However, do not simply assume. Educate yourself, and make sure you understand the factors discussed below. This article explains the basic rights and procedures surrounding forced sales by siblings. (This article is based on Oklahoma law, but the concepts apply in most states.)

For more detailed information on partition actions and the forced sale process, see the following articles:

(1) Forced Sale of Jointly Owned Property (Partition)

(2) What is a Partition Action?

(3) How to Force the Sale of Jointly Owned Property.

WHY WOULD SIBLINGS FORCE A SALE?

When siblings inherit property, many emotional and financial questions begin to surface. Should the property stay in the family? Who manages the property? Who lives in it? Often, multiple siblings cannot agree on the answers to these questions. This leads to the question: can siblings force the sale of inherited property?

YES, FORCED SALE IS POSSIBLE.

Generally, a forced sale occurs through partition, which is explained in more detail here. Before resorting to a forced sale, you should investigate the possibility of a voluntary sale. When siblings receive a letter from an attorney alluding to a forced sale, they might more seriously consider a voluntary sale. Co-owners usually hold an absolute right to partition. This fact can pressure the other siblings into a voluntary sale.

HOW TO START THE PROCESS.

To over-simplify, the forced sale process begins with a petition filed in court. After all parties are served, the property gets appraised. Next, the court determines whether the property can literally be divided into pieces and distributed to the co-owners (rural acreage). If the property cannot be divided literally (a house), then the property must be sold. When the property is sold, the proceeds are divided up and distributed to the owners based on percentage of ownership. However, the money splits might be adjusted based on certain equitable factors (see more detail here).

Once again, begin by ruling out the possibility of a voluntary sale. Next, determine whether you want to hire an attorney. Forced sales require detailed analysis and legal work. Depending on your skill set, you might consider handling it yourself. However, most people prefer to involve an attorney. Your attorney can advise you on the cost, time frame, and process for a forced sale.

REMAINING QUESTIONS?

Now that you understand the basics, feel free to contact me with any remaining questions or concerns. I represent both plaintiffs and defendants in forced sale situations. Remember to review my other articles on the subject for more information.

About the Author

Ryan A. Jones

FOUNDING ATTORNEY - Practice focused on property, title, & real estate investing.

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