Selling a house you own with siblings or others who don't agree
When co-owners can't agree, a court can divide or sell the property. Here's what Virginia, Maryland and DC law allows, and what to try first.
No obligation. No pressure. Takes about 2 minutes.
The short answer
If every owner agrees, you sell together and split the proceeds by ownership share. If one owner refuses, a co-owner can generally ask a court for partition, and in Virginia, Maryland and DC the court can divide the property or order it sold. Before it gets there, a buyout by the owner who wants to keep it, or a sale everyone signs, can save time and legal costs.
Step by step
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1
Confirm who owns what
Check the recorded deed, or the will and estate papers if you inherited, to see each owner's share. To sell the whole house, every owner generally has to sign.
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2
Try a buyout or a joint sale
One owner can buy out the others at a price you agree on, often based on an appraisal. Or everyone signs, you sell, and the proceeds are split by share.
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3
Virginia: partition in circuit court
Co-owners can ask the court to partition. If dividing the property isn't practical, the court next considers allotting it to an owner who will pay the others their share of its value, and otherwise can order a sale.
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4
Maryland and DC
In Maryland, the court sets the fair market value, and if an owner asks for a sale, the other owners get 45 days after notice to say they want to buy that owner's share. In DC, partition cases go to Superior Court, and a co-owner who kept the rents can be made to account to the others.
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Get advice before filing
Partition is a lawsuit, with its own costs and time. A real estate attorney can explain how it would work for your property.
Sources: Code of Virginia § 8.01-81 (who may compel partition) · Code of Virginia § 8.01-83 (allotment or sale) · Maryland Real Property § 14-702 (partition actions) · Maryland Real Property § 14-708 (cotenant buyout) · D.C. Code § 16-2901 (partition)
This page explains partition law in general. It isn't legal advice. Co-ownership disputes depend on the deed and the facts, so talk to a real estate attorney in your state.
Cash offer vs listing
Example: a $250,000 home
| Offer | $205,000 |
|---|---|
| Repairs | $0 |
| Commissions | $0 |
| Closing costs | $0 |
| You walk away with | $205,000 |
| In 7 to 14 days | |
| Sale price | $250,000 |
|---|---|
| Repairs | about $8,000 |
| Commissions | about $13,800 |
| Closing and holding | about $6,000 |
| You walk away with | about $222,200 |
| In 60 to 90 days | |
Example only. Your numbers depend on your home and market.
If the owners decide to sell, we'll show everyone the cash offer next to what listing could net, so the conversation starts from the same numbers.
Frequently asked questions
Can my sibling sell the house without me?
Not the whole house. Every co-owner generally has to sign, unless a court orders a sale in a partition case.
Can I force a sale if the others won't agree?
A co-owner can ask a court for partition. Depending on the state and the facts, the court may divide the property, let one owner buy the others out, or order a sale.
Do we have to go to court?
No, if everyone agrees to a buyout or a sale. Court is the fallback when owners can't agree.
Who are you?
We are real estate investors based in Baltimore, helping homeowners since 2016. We buy houses directly for cash. We are not a licensed real estate brokerage and do not list homes ourselves; if listing could get you more, we show you the math so you can choose.