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What to Do If Heirs Don’t Agree on Selling the House in California

What to Do If Heirs Don’t Agree on Selling the House in California

Inheriting a house can be a blessing—but when multiple heirs are involved, it can also get complicated fast. One sibling might want to sell the home and move on, another may want to keep it, and a third might be completely unresponsive. Disagreements like these are incredibly common—and emotionally draining.

👉 If you’re still figuring out what to do with an inherited property, you might want to start with our full guide to selling an inherited home in Los Angeles. It covers probate, tax considerations, and how the sale process works—especially if you’re dealing with a property that needs repairs or quick decisions.

But what if the problem is that not everyone agrees on selling in the first place? In this post, we’ll walk you through what happens when heirs don’t see eye to eye—and the steps you can take to resolve it fairly.

What to Do If Heirs Don’t Agree on Selling the House in California

🧾 Real-Life Example: “We Just Couldn’t Agree”

Let’s say three siblings—Maria, Daniel, and Teresa—inherited their childhood home in Long Beach after their mother passed. The house is paid off, but outdated.

  • Maria wants to sell and split the proceeds.
  • Daniel wants to keep it and rent it out.
  • Teresa is emotionally attached and refuses to sell—she wants to keep the home “in the family” but doesn’t have the money to buy the others out.

Months go by. Property taxes pile up. The house sits empty. No one can agree on what to do, and tensions are running high.

Unfortunately, this scenario is extremely common.

📊 How Common Are Inheritance Disputes?

According to the American Bar Association, more than 1 in 3 estate settlements in the U.S. involve conflicts between heirs—most commonly about real estate. In California, where home values are often in the six or seven figures, disputes over inherited homes are even more common.

In many cases, the biggest fights come not from money, but from emotions—grief, memories, and a sense of what’s “fair.”

⚖️ What the Law Says in California

In California, when multiple heirs inherit a home through probate or a trust, each one becomes a co-owner. If the person who passed away didn’t leave a will, this adds another layer of complexity. Here’s what happens to a house in California when there’s no will. That means:

  • Everyone has equal rights to the property
  • One heir cannot force the others to sell, keep, or rent it
  • Any major decisions must be made with everyone’s agreement

If you can’t get everyone to agree, you’ll need to consider legal options.

✅ Step 1: Try to Reach an Agreement

Sometimes people just need time—or clarity. Before jumping to court:

  • Suggest a neutral mediation with a probate attorney or mediator
  • Offer a buyout: If one heir wants to keep the home, they can refinance and pay the others their share
  • Propose a timeline for decision-making (e.g., “Let’s all decide by July 1st”)

📌 Pro Tip: It often helps to get an appraisal so everyone sees the property’s true value and can base their opinions on facts.

⚠️ Step 2: File a Partition Action (Last Resort)

If all else fails, California law allows you to file what’s called a partition action. This is a legal process where one or more co-owners ask the court to:

  • Force the sale of the home
  • Appoint a third party (called a “referee”) to handle the sale
  • Divide the profits fairly among the owners

According to California Code of Civil Procedure §872.210, any co-owner has the right to file for partition, even if the others don’t agree.

⚠️ Keep in mind: Partition actions can take 6–12 months and may strain family relationships. But in situations where one heir is blocking progress, they can be the only way to move forward.

🏡 What If Someone’s Living in the House?

In some cases, one heir moves into the home—and won’t leave.

This can create extra complications:

  • If they’re not paying rent, you may be entitled to a share of “occupancy value”
  • If they refuse to leave, the court can order them to vacate once a partition is filed
  • If they’re damaging the home or not maintaining it, it could reduce the total sale value for everyone

In short: living in the home doesn’t give someone special rights unless there’s a legal agreement in place.

💬 Example: How One Family Found a Fair Solution

A seller named Carla contacted us after inheriting a duplex in Hawthorne with her cousin. He had moved in and wouldn’t respond to her calls about selling.

We connected her with a probate attorney, helped her get a partition started—and then stepped in to buy the home cash once the process moved forward.

She didn’t have to pay for repairs, commissions, or even closing costs. And the cousin? He got his fair share, too—just without the drama.

🧠 Final Thoughts: You’re Not Alone

Disagreements over inherited property are incredibly common—but they don’t have to last forever. Whether you work it out privately or take legal action, there’s always a way forward.

And if you’d rather skip the court battles and months of stress, Mrs. Property Solutions can help. We’ve worked with dozens of families just like yours to find a fair, fast resolution—even when not everyone’s on the same page.

📞 Call or text us at (602) 376-8391 or request a cash offer now:

GET YOUR FAST OFFER NOW 💰

We buy houses in any condition! No realtors, no fees, no repairs, no cleaning. Find Out How Much We Can Offer For Your House!

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Cristina Ortega

Cristina Ortega is the proud owner of Mrs. Property Solutions and have been in the business of helping people with their houses since 2016!

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