When a spouse inherits a fractional interest in a house from their family, disagreements can arise within the marriage about what should happen to the co-owned property. One spouse may want to sell the inherited home and use the money to move or invest elsewhere, while the spouse who inherited the property may want to keep it for sentimental reasons.
In many of these situations, it is important to understand a key legal fact under California law: the spouse who inherited the property usually owns it as their separate property, meaning the other spouse does not automatically own any part of the inherited home.
However, inherited homes are often shared among multiple heirs, such as siblings. When that happens, disputes between co-owners can lead to a partition action.
Inherited Property Usually Belongs Only to the Spouse Who Received It
Under California law, property acquired by inheritance during marriage is generally considered separate property. California Family Code § 770 provides that property acquired by “gift, bequest, devise, or descent” belongs solely to the spouse who received it.
For example, if a wife inherits a house from her parents, the home typically belongs only to her. Her husband does not automatically gain ownership of the property simply because they are married.
This often surprises couples who assume that everything acquired during marriage becomes community property. Inheritance is one of the major exceptions to that rule.
The Real Conflict Often Happens With Other Heirs
Even though the inherited home belongs to the inheriting spouse individually, the property is frequently inherited together with other family members.
For example:
- A daughter inherits her parents’ home together with her siblings
- A brother and sister inherit a rental property from a parent
- Several relatives inherit a vacation home together
In these situations, the heirs typically become tenants in common, meaning each person owns a percentage interest in the property.
While the inheriting spouse may legally control their share, decisions about the property usually require cooperation between the co-owners.
When Co-Owners Disagree About Selling the Inherited House
Disagreements often arise when one heir wants to sell the inherited property while another refuses. These disputes can last for years, especially when sentimental attachments to the home are involved.
The involvement of spouses can sometimes add a different and potentially more neutral view of the situation. A spouse who did not inherit the property may encourage their partner to sell the home so the couple can move, invest the proceeds, or purchase another property.
However, if other heirs refuse to sell, the situation can quickly reach a deadlock. In turn, the spouse who inherited the fractional interest may cause an unhealthy co-ownership to continue by failing to take action.
California Law Allows Co-Owners to Force a Sale Through Partition
Fortunately, California law provides a legal solution when co-owners cannot agree about what to do with inherited property.
Under California Code of Civil Procedure § 872.210, any co-owner of real property has the right to file a partition action to divide the property.
For single-family homes and most residential properties, courts typically order a partition by sale, meaning the property is sold and the proceeds are divided among the owners according to their ownership interests.
Importantly, a co-owner does not need the consent of the other owners to file a partition action.
Partition Actions Resolve Inherited Property Deadlocks
Partition actions are commonly used when siblings or other heirs cannot agree on what to do with an inherited house. The court can step in to resolve the dispute and ensure that the property is fairly divided.
During the partition process, the court may:
- Order the property sold
- Divide the proceeds among the co-owners
- Resolve reimbursement claims for taxes, repairs, or improvements
This legal process allows co-owners to end unwanted shared ownership and move forward.
Talkov Law Handles Inherited Property Partition Cases
Inherited homes frequently lead to disputes between siblings, relatives, and other co-owners who cannot agree about selling the property. When negotiations fail, a partition action may be the only way to resolve the conflict.
Talkov Law is the nation’s leading partition law firm with twelve full-time partition attorneys dedicated to these cases.
If you are dealing with co-owners who refuse to sell inherited property, contact Talkov Law at (877) PARTITION (727-8484) or reach out online to schedule a consultation.
