Can you sell inherited property if the other heirs say no? Yes—you can. That answer surprises many California heirs.
When multiple heirs inherit real estate in California, it’s not uncommon for disagreements to arise—especially when one heir wants to sell the property but others do not. Many co-owners assume that all heirs must unanimously agree to sell inherited property, but under California law, that’s not the case.
If you’re 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 have helped hundreds of heirs across California resolve co-ownership disputes through partition actions—often resulting in court-ordered sales, even when one or more heirs object, unless a settlement is reached that is agreeable to all co-owners.
What Happens When One Heir Refuses to Sell Inherited Property?
When a loved one passes away and leaves real property to multiple heirs—whether through a will, trust, or intestate succession—the heirs become tenants in common under California law. This means each heir owns a fractional interest in the property, even if the amount varies based on the estate plan.
If one or more heirs want to sell the property and another does not, unanimous or even a majority agreement is not required. California Code of Civil Procedure § 872.210 provides that any co-owner has the right to file a partition action 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.[1] See Amundson v. Catello (2025) 109 Cal.App.5th 1053, 331 Cal.Rptr.3d 96 (rehearing granted, not citable).
Partition Actions Between Heirs
A partition action is a legal process used when co-owners of real estate can’t agree on how to manage or dispose of the property. In the case of inherited property, 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’s ownership interest.
Even if other heirs want to keep the property, they cannot prevent a sale unless there is a valid, written waiver of the right to partition—something rarely found in inheritance situations.
Common Scenarios Among Heirs
- One heir lives in the property but refuses to buy out the others
- Some heirs want to sell while others want to keep the home as a rental
- Disagreements over how the property should be maintained or improved
- Emotional attachments to a family home that interfere with practical decisions
In each of these situations, a partition action can help resolve the dispute and ensure that all heirs receive their fair share of the estate’s value.
What If One Heir Paid More Than the Others?
Heirs often ask whether one person’s additional contributions—such as paying property taxes, mortgage, or repairs—affects how proceeds are divided. The answer is yes: under California law, the court may order reimbursement for certain expenses, but it does not give that heir a larger ownership percentage.
Proper documentation and legal strategy are essential to ensure that these contributions are recognized and credited before the final distribution of sale proceeds.
Do I Need All Heirs to Sign Off to Sell Inherited Property?
No. If you’re a co-owner of inherited property and the other heirs won’t agree to sell, you have the right to file a partition action.
Once the court grants the sale—usually through a partition by sale—the property can be sold regardless of whether any other heirs agree.
What if an Heir Wants to Buy the Property in the Partition?
Many times, one of the heirs wants to buy the property in the partition action. While the law will allow any co-owner to purchase the property, Talkov Law’s attorneys will aim to see that fair market value is paid in a partition action by using strategies that have been developed over the 470 partition cases handled by the firm.
Talkov Law’s Partition Attorneys Can Help
If you’re facing a disagreement with family members over inherited real estate, you don’t have to stay stuck in limbo. With nine full-time partition attorneys and over 470 partition cases handled across California, Talkov Law is the state’s leading law firm for resolving real estate co-ownership disputes.
We know how to navigate sensitive family dynamics while protecting your financial interests—and in many cases, there’s no fee until we win or settle your case.
Call Talkov Law at (844) 4-TALKOV or contact us online for a free consultation.
References
| ↑1 | See Amundson v. Catello (2025) 109 Cal.App.5th 1053, 331 Cal.Rptr.3d 96 (rehearing granted, not citable). |
|---|
