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Heirs who inherit land intestate (without a will) own it as tenants in common. 5 Tenants in common each own an undivided interest in the whole parcel of land, which means that none of the heirs can claim any specific piece of land. As tenants in common, each heir has equal rights to use and occupy the land.
An heir can sell their interest in heirs property. Do all heirs have to agree for heirs property to be sold? Under certain circumstances, such as a forced sale through a partition action or a tax sale, the property can be sold without all heirs agreeing.
A partition action is a lawsuit that asks the court to determine the ownership shares of the property and the value of the property. The court may order the property sold and for the proceeds to be split between the co-owners.
Selling a House with Multiple Inheritors in Alabama: If the inherited property has multiple heirs, the majority can decide to sell the house by filing a lawsuit of partition action in the state probate court of Alabama.
Which Assets Pass by Intestate Succession If you die with:here's what happens:a spouse and parentsspouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance of your intestate property parents inherit remaining intestate propertyparents but no children or spouseparents inherit everything5 more rows
In California, a co-owner can force the sale of inherited property through a lawsuit called a ?partition action.? This legal proceeding allows the sibling that does not want to keep their share of the home to have the court order it to be sold and the shares of the proceeds divided among all siblings.
If one sibling is living in an inherited property and refuses to sell, a partition action can potentially be brought by the other siblings or co-owners of the property in order to force the sale of the property. In general, no one can be forced to own property they don't want, but they can be forced to sell.