{"id":287459,"date":"2025-06-11T06:57:15","date_gmt":"2025-06-11T06:57:15","guid":{"rendered":"https:\/\/peraltafinancing.com\/uncategorized\/selling-inherited-property-do-all-heirs-have-to-agree\/"},"modified":"2025-06-11T06:57:15","modified_gmt":"2025-06-11T06:57:15","slug":"selling-inherited-property-do-all-heirs-have-to-agree","status":"publish","type":"post","link":"https:\/\/fivemor.com\/?p=287459","title":{"rendered":"Selling Inherited Property: Do All Heirs Have to Agree?"},"content":{"rendered":"


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Can you sell inherited property<\/a> if the other heirs say no? Yes\u2014you can. That answer surprises many California heirs.<\/p>\n

When multiple heirs inherit real estate<\/a> in California, it\u2019s not uncommon for disagreements to arise\u2014especially when one heir wants to sell the property<\/a> but others do not. Many co-owners assume that all heirs must unanimously agree to sell inherited property, but under California law, that\u2019s not the case.<\/p>\n

If you\u2019re a co-heir dealing with an uncooperative sibling, cousin, or other family member, you have legal options. The team of experienced partition lawyers at Talkov Law Partition Attorneys<\/a> have helped hundreds of heirs across California resolve co-ownership disputes through partition actions<\/a>\u2014often resulting in court-ordered sales, even when one or more heirs object, unless a settlement is reached that is agreeable to all co-owners.<\/p>\n

What Happens When One Heir Refuses to Sell Inherited Property?<\/strong><\/span><\/h2>\n

When a loved one passes away and leaves real property to multiple heirs\u2014whether through a will, trust, or intestate succession\u2014the heirs become tenants in common<\/a><\/strong> under California law. This means each heir owns a fractional interest in the property, even if the amount varies based on the estate plan.<\/p>\n

If one or more heirs want to sell the property and another does not, unanimous or even a majority agreement is not required<\/a><\/strong>. California Code of Civil Procedure \u00a7 872.210<\/a> provides that any co-owner has the right to file a partition action<\/a><\/strong> to force the sale or division of jointly owned real estate, even over the objections of other heirs. The right to partition begins when the heirs receive their interest in property, which is generally when the deed from the successor trustee or executor of the estate is recorded.<\/p>\n

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Partition Actions Between Heirs<\/strong><\/span><\/h3>\n

A partition action is a legal process used when co-owners of real estate can\u2019t agree on how to manage or dispose of the property. In the case of inherited property<\/a>, one heir can file a partition lawsuit asking the court to order the sale of the home and divide the proceeds based on each heir\u2019s ownership interest<\/a>.<\/p>\n

Even if other heirs want to keep the property, they cannot prevent a sale<\/a> unless there is a valid, written waiver of the right to partition<\/a><\/strong>\u2014something rarely found in inheritance situations. <\/p>\n

Common Scenarios Among Heirs<\/strong><\/span><\/h3>\n