Can siblings force the sale of an inherited property?
This guide covers your rights, legal routes, and practical solutions like buyouts, mediation, and fast-sale alternatives.
The simple answer is no, all parties that inherit the house must agree before the sale can proceed.
One of the most common and sensitive questions surrounding inherited property is whether a sibling can force the sale of the property. The short answer is no; if multiple people inherit a property jointly, a sale can only take place when all parties agree to it.
However, disagreements can, and often do, arise, especially when siblings have differing financial circumstances, emotional attachments or plans for the property.
So, how do we deal with an inherited property?
In an ideal world, issues around inheritance would be settled quickly and amicably. But real life often proves more difficult, especially when it involves a family home shared by siblings.
When a parent dies and their home passes to multiple children, the most common solution is to sell the property and split the proceeds equally. This approach ensures fairness and allows everyone to access their share of the inheritance.
But there are alternatives:
- Renting out the property and sharing the rental income may suit those who want to retain ownership for longer-term financial gain or sentimental reasons.
- Sometimes, one sibling may wish to live in the property and compensate the others for their share of the property.
- Families occasionally rent the property to relatives, thereby avoiding fees and maintaining an informal arrangement.
Can one sibling force the sale?
Generally, no sibling can force the sale of an inherited property if the others object. Even if one sibling wishes to sell while the others prefer to keep it, the property can not be sold without unanimous agreement.
In theory, a sibling could try to sell their share of the property, but practically, this isn’t easy. It’s rare for a buyer to want part-ownership of a home where they have to share control with the other siblings, especially if those parties disagree.
What if one sibling really wants to sell?
If an agreement can’t be reached, a sibling can apply to the court for an order of sale under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
This is a formal process and is usually a last resort, as courts encourage families to resolve disputes amicably. The sibling wanting to sell would need to instruct a solicitor to formally notify the other owners and set out their reasons for requesting a sale.
The court will then consider factors such as:
- The intentions of those who created the trust (e.g. the deceased’s wishes)
- The purpose for which the property is held
- The welfare of any children in the property
- The interests of all parties involved
Even in this scenario, the court won’t automatically grant an order unless there’s a strong case.
What if I want to keep the house, but my siblings want to sell?
If you want to keep the inherited property while your siblings would prefer to sell and divide the proceeds, one common solution is to buy out their shares.
This means you would pay them the equivalent of the value of their interest in the property, allowing them to receive their inheritance while enabling you to retain ownership.
The process typically works as follows:
Agree on valuation
To ensure fairness, it is important to agree on the market value of the property. The simplest way is to arrange for an independent, professional valuation, ensuring all parties have confidence in the figure.
Calculate each sibling’s share
Once a valuation is obtained, calculate each person’s proportion of the property.
Arrange financing
You’ll need to consider how you can fund the buyout.
Using personal savings: Taking out a mortgage on the property (this is known as a ‘buyout mortgage’ or ‘equity release’, or combining savings and borrowing from a lender.
Formalise the transfer
A solicitor or conveyancer should manage the legal side of the transaction to formally transfer your sibling’s shares into your sole name (or joint name if you’re purchasing with a partner).
Top tip: Remember, if there’s an existing mortgage on the inherited property, you’ll also need to negotiate with the lender to either pay it off or transfer the mortgage into your sole name as part of the arrangement.
What are the benefits of buying out your siblings?
- You retain the family home and any sentimental attachment
- Your siblings receive their fair share of the inheritance promptly
- You avoid the costs, delays and stress of marketing the property for sale on the open market
Important considerations
Affordability: Make sure you can avoid any mortgage payments or other costs associated with owning the home alone.
Maintenance responsibilities: Once you become a sole owner, you’ll be responsible for the property’s upkeep, council tax, insurance and related expenses.
How can siblings effectively communicate their differing opinions on the property to avoid conflict?
Communication is key when inheriting a property with siblings. Differences in financial goals, emotional attachments and timelines are common, but misunderstandings can escalate quickly if not handled with care.
To avoid conflict:
- Arrange an open, honest discussion early on to express individual views.
- Consider bringing in a neutral third party, such as a mediator or a solicitor, to guide discussions.
- Keep written records of decisions and agreements to ensure clarity.
- Respect each other’s perspective, even when opinions differ; empathy goes a long way.
By proactively communicating, siblings can often reach a solution that balances emotional and financial interests.
What are the potential emotional impacts on siblings when deciding to sell or keep an inherited property?
Selling or keeping an inherited property is rarely just a financial decision; it’s often deeply emotional, particularly when the house was a family home filled with memories.
Potential emotional impacts include:
- Grief resurfacing: Handling a parent’s or loved one’s house can reignite grief and make decision making difficult.
- Sentimental attachments: Some siblings may feel strongly about preserving the home, while others view it as an asset to be liquidated.
- Family tensions: Disagreements can strain relationships, sometimes leading to long term conflict if not handled correctly.
Acknowledging these emotions, alongside practical considerations, can help families navigate this sensitive process with compassion and understanding.
Tax considerations when selling an inherited property
Selling an inherited property can give rise to several potential tax liabilities. It’s important to understand these so you can plan and avoid unexpected costs.
The key taxes to be aware of are:
Inheritance Tax (INT)
Inheritance tax applies to the overall estate of the deceased, not directly to the property sale itself.
Threshold: IHT is only payable if the value of the deceased’s total estate exceeds the current nil-rate band. If THT is due, it’s usually settled from the estate before you inherit. However, it is worth checking if any liability remains outstanding before selling.
Top tip: The current nil-rate band is £325,000
Capital Gains Tax (CGT)
You won’t pay CGT at the moment of inheriting a property, but you may have to pay it when you sell the property if it has increased in value since the date of inheritance, also known as the ‘probate value’.
For example: If the house was valued at £250,000 when you inherited it, and you sell it for £300,000, you may be liable to pay CGT on the £50,000 increase.
Income tax
If you choose to rent out the inherited property before selling it, you’ll need to declare any rental income you receive and pay Income Tax on it. This is separate from CGT and IHT.
Top tip: If you are unsure about your personal tax position or how much tax you might face after a sale, it’s a good idea to consult a solicitor or tax advisor for tailored advice.
Fast track your sale with We Buy Any House
If you’ve recently inherited a property and would prefer to avoid long delays, uncertainty, and potential family disputes that can arise during a traditional sale, we can help make the process fast, smooth and stress-free.
Here’s why homeowners choose us when selling an inherited property:
- We buy any home in as little as 3 days, or on a timescale that suits you. Whether you want a quick sale or need time to finalise probate, we can work around your circumstances.
- No estate agents, no lengthy chains, no uncertainty. Avoid the hassle of marketing the property and waiting for buyers who may fall through.
- We handle everything from start to finish, including all the legal paperwork, so you don’t have to worry about the administrative burden at an already difficult time.
- No fees to pay. We cover all costs associated with the sale, and the price you agree on is the price you receive.
- Fair, fast cash offers based on the property’s current market value, giving you certainty and peace of mind.
Conclusion
Inheriting a property with siblings can be an emotional and complex process, especially when opinions differ on what to do next.
If you’ve inherited a property and want to avoid the stress, delays, and potential family disagreements that can come with a traditional sale, We Buy Any House can help.
We offer a fast, simple solution, we can buy your inherited property in as little as 3 days, or on a timescale that suits you. There are no estate agents, no fees to pay, and no chains to worry about.
Our team handles everything, including legal paperwork, so you can sell with confidence and peace of mind.
Contact We Buy Any House today for a free, no obligation cash offer and take the next steps with ease.
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