How to deal with a brother or sister living in inherited house

How do you deal with a brother or sister living in an inherited house?

A will, trust, or state’s executor should be consulted when a sibling lives in an inherited house. Talk to your sibling about why they’re living in an inherited house and try to share the home with an agreement. You can ask them to buy the home, sell it, or rent it together. Failure to resolve through mediation can result in a partition action.

Imagine, coming to a peaceful resolution of a deceased parent’s home. Your family is going through a tough time and tension often runs high during trying times.

Getting your brother or sister out of an inherited house is possible.

Luckily for you, I’m going to show you a few tips for removing your sibling peacefully. I’ll let you know who can live in an inherited house and how to force someone out. Hopefully, you’ll be able to resolve this with minimal issue.

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How do you get a sibling out of an inherited house?

Getting a sibling out of an inherited house starts by talking to your sibling and establishing rules. You can ask to buy the house for yourself, ask them to buy, or sell or rent the home together. A brother or sister refusing to leave may require you to look into your state’s eviction process.

Keep in mind, you will have to abide by the will or trust. You will also have to abide by the executor or trustee who handles the estate. In most cases, a will or trust was never established which can make things more difficult.

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Talk to your sibling

The very first thing you should try is to come to a common understanding with your sibling. Understand why your sibling wants to live in the house and work together to come to a resolution. Trying to come to a resolution can be difficult when emotions are high during trying times.

You’ll want to understand why your sibling is living there? How long do they intend to stay? How can you reach an agreement peacefully?

Share the home with a written agreement

You can try to share the home, but make sure you have a written agreement. For example, you both can use the home as a vacation home. Make sure the agreement is in writing and that everyone involved signs the agreement.

Having a formal written agreement can set clear expectations for property use. A written agreement can also come useful if the sibling continuously breaks the agreement and the property turns towards litigation.

Sharing a home with a sibling rarely works out. It is almost always ideal to sell the house, split the proceeds, or rent the home out together.

Ask them to buy the house

Siblings will often have good memories of their parent’s house and want to keep the home. Other siblings may want to sell the home. The best solution is to let the sibling purchase the home from the remaining inheritors.

In most cases, you can refinance or get a mortgage on the house. This is the best solution to quickly pay your siblings and take ownership.

Sell the home

Selling the home is one of the best solutions. You can liquidate the house and split the proceeds between inheritors. Make sure you get the home appraised and ensure everyone is happy with the appraisal.

Rent the home

You can turn an inherited house into a cash flowing business by renting the property out. The easiest solution would be to hire a property manager to ease the burden on all siblings. Each sibling gets a share of the profits.

Look into your state’s eviction process

You may be able to evict a sibling who did not inherit the home. In some cases, a brother or sister might decide to move in after a parent dies, even if they don’t have the right. A sole inheritor may be able to start the eviction process to remove a squatting sibling.

In most cases, the property was evenly distributed to all siblings. The first step to resolving conflict should be through mediation. You can always file for partition action as a last resort if mediation fails.

Can I live in an inherited house?

You can live in an inherited house if you are the sole inheritant. Jointly inheriting a home will require you to reach an agreement with the other inheritors. Make a deal with the other inheritors to rent, buy them out, or adjust the inheritance to be sole owner.

The first step should be to consult the will or trust of the deceased parent. A will or trust may specify requirements of who can live in the house and under what terms. In most cases, the will or trust specifies siblings hold joint use of the house which is often impracticable.

The next step would be to consult the executor or trustee. An executor or trustee has the ultimate say on how the estate is handled. Therefore, you can receive permission from the executor or trustee to live in the house temporarily.

In most cases, jointly inheriting a home will require a mutual agreement between all inheritors. You could offer to pay rent to the other inheritors, but this can often cause problems or be awkward. 

Buying the house from your siblings is the best course of action if you can afford it. You can refinance or take a mortgage out to pay your siblings for their portion of the home. Alternatively, you can offer to trade remaining inheritance for the sibling’s home equity.

Can siblings force a sale of an inherited house?

A sibling can force the sale of an inherited house through a partition lawsuit. Under a partition lawsuit, the court will divide property amongst the inheritors when they cannot come to an agreement on managing the property. Partition lawsuits are common among owners who don’t want to sell or buy out their siblings.

You can file a partition lawsuit through the courts via a partition action. Any partial owner has the right to file a partition action. It is recommended that you work with a probate lawyer to file a partition action.

You should consider mediation before filing a partition action. Partition actions can get expensive and take a long time, so they should be used as a last resort. Most siblings can work out their issues through mediation.

A partition action is going to take court and attorney’s fees. In most cases, you’ll end up with less inheritance than if you would have just sold the property to begin with. Attorney’s fees can range between $20k and $100k.

Partition actions will most commonly force the sale of an inherited house and divide the proceeds among inheritors.

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Summary: Dealing with siblings living in inherited house

As you can see, dealing with a brother or sister living in an inherited house can be complicated. You should talk to your sibling and come up with an agreement in writing. Ask your sibling to buy the house, sell it, or rent it out. A sibling who did not inherit the house may be able to get evicted.

Sole inheritors can live in an inherited house. However, joint inheritors need to consult the will or trust or estate’s executor or trustee. Try to come to a mutual agreement between inheritors, knowing selling the property is usually best.

Inheritors need to come to a mutual agreement, but it’s not always possible. Try to resolve any disputes via mediation as it’s the cheapest option. Failure to resolve the issue via mediation can result in a partition lawsuit.

A partition lawsuit takes the issue of an inherited house to the court for disposition. Typically, the house is sold and the proceeds are split between inheritors. Use a partition lawsuit as a last resort because they are expensive.