You own it with someone who will not sell, or will not leave, or will not answer. Here is what you can do alone, what needs a court, what each costs, and what each owner owes in tax after a sale.
By Hans Goldstein, EA · Updated October 15, 2026
If a co-owner will not sell, you usually cannot sell the whole property alone, but you can sell your own share, buy the other owner out, or ask a court to order a sale or division (a partition action). A buyout based on an appraisal is often the fastest and cheapest of the four. The tax is often small for an inherited house, because the basis was reset at death, and larger for a cabin or rental owned for decades. Rules vary by state; as of October 2026, confirm yours with a local real estate attorney.
You are probably here because of one of these:
You are stuck because each owner has a legal right to the whole property, so nobody can hand over clear title alone. Every route below is a way to break that tie. Here they are side by side.
| Option | What happens | When it wins | When it fails |
|---|---|---|---|
| Negotiate a buyout | One owner pays the other a price based on an appraisal, with cash or a refinance. | One owner wants to keep the property and can borrow. | The buyer cannot qualify for the loan, or you cannot agree on value. |
| Sell your share to a third party | The buyer becomes your co-owner. | You need out, and cannot wait for the other owner. | Buyers pay a big discount for a share they cannot control. |
| List the whole property together | All owners sign; proceeds split by ownership share. | The other owner is only stalling or afraid of the price. | One owner will not sign. |
| Partition action (court) | A judge divides the property or orders it sold and splits the money. | The other owner will not negotiate and you have a right to partition. | Costs and months of delay come out of everyone's share; a waiver may block it. |
| Wait, with an agreement | You set rent, costs and a date in writing. | The owner living there will leave on a date. | There is no end date and the costs keep accruing. |
If a co-owner refuses to sell, you usually have four paths: negotiate a buyout in either direction, sell only your own share, ask the court to order a sale or a split (a partition action), or wait. Which one fits depends on how the property is titled and what state it is in. The court route is available to most co-owners unless you signed away that right.
In every case, start by getting the facts in writing: who is on the deed, any co-ownership agreement, what is owed on the mortgage, and who has paid taxes, insurance and repairs. A partition suit costs money and time, and the costs often come out of everyone's proceeds, which is why a buyout offer backed by a fair appraisal often works first.
One co-owner can usually sell only their own share, not the whole property. If two people own a house as tenants in common, either can sell or mortgage their undivided share without the other's signature, and the buyer becomes the new co-owner. Nobody can sell the full house without all owners signing, unless a court orders it.
Joint tenants with right of survivorship can also sell their share, but doing so usually ends the survivorship link for that share. In community property states, a spouse's signature is often needed. Your title company will not insure a sale of the whole house without every owner, so the practical choice is to sell your share at a discount, buy the other owner out, or ask the court.
Tenants in common each own a separate share that can be unequal, sold, mortgaged or left in a will. Joint tenants own equal shares with a right of survivorship, so a death passes the share to the survivor, not to heirs. Community property is a form of marital ownership in nine states (AZ, CA, ID, LA, NV, NM, TX, WA, WI), where spouses generally co-own property earned during the marriage.
Which one applies shows up on your deed. It decides who can sell what, what happens at death, and how a court treats a partition. If you are unsure, ask the title company for a copy of the deed.
You have the same four paths as any co-owners: agree to sell and split the money, one of you buys the other out, one of you sells your share, or a court orders a sale or division (a partition action). The difference from a divorce is that no family court divides your property for you, and the tax rules that protect spouses do not apply.
The split usually follows how you hold title and what each of you put in. If you hold as tenants in common, each of you owns a stated share. If you hold as joint tenants, each of you generally owns an equal share, even if one paid more, though a court can look at contributions in some states. A written agreement between you is the best proof of what you meant.
Tax: a transfer of your share to a partner is not covered by the spouse rule (IRC 1041). It is a sale or a gift. A gift above the annual exclusion ($19,000 per person in 2026) may require a gift tax return, and the receiver takes your basis. A sale to your partner is taxed on your gain, and each of you may use a $250,000 exclusion if you lived there as a main home for 2 of the last 5 years (IRC 121). Get the loan sorted too: a lender will not release one name just because you broke up.
The law is mostly the same, but the practical risk is bigger. Friends and business partners usually hold property as tenants in common with no written agreement, so no one has agreed on how to decide, how to price a buyout or who pays what. The default rights then come from state law, and a partition action is usually available.
First check how the property is held. If it is deeded to you personally as co-owners, partition rules apply. If it is held by an LLC or a partnership, you do not own the real estate directly. You own an interest in the entity, and the operating or partnership agreement decides exit rights, buyout terms and what happens when owners disagree. Then partition is not the tool; a dissolution or buyout provision is. See selling a TIC, LLC or partnership stake.
Business partners should also check for a buy-sell clause, a right of first refusal, or a valuation formula in the agreement. If there is none, write one now, while you are still talking. Tax treatment depends on whether the interest is real estate or an entity interest, so ask a CPA before you agree to a price.
Yes, it changes who can do what. Tenants in common each own a share they can sell, give away or leave in a will, and no one else must agree to a sale of that share. Joint tenants hold equal interests with a right of survivorship, and in many states one joint tenant can end the joint tenancy by transferring their interest. Held through an LLC, no one owns the real estate directly; the entity does, and the operating agreement controls.
That matters for the fight you are in. A tenant in common can sell their own share and can ask a court for a partition. An LLC member usually cannot ask a court to partition the building, because the building belongs to the LLC. The remedy is under the operating agreement or the state LLC act, which may include a buyout, a vote to sell, or a court-ordered dissolution in some states.
Tax follows the form, too. A deeded share is real estate, and a sale is taxed as a sale of real estate. An LLC interest taxed as a partnership can bring ordinary income into the sale, and it cannot be used in a 1031 exchange (IRC 1031(a)(2)(D)). See selling a TIC, LLC or partnership stake. Read your deed and your agreement before you choose a path.
A partition action is a lawsuit in which one co-owner asks a court to end the co-ownership. The judge either divides the property into separate parts (partition in kind) or orders it sold and splits the money by ownership share (partition by sale). For a single house, a sale is the common result.
In most states a co-owner has a right to ask for partition unless they signed a waiver in a co-ownership agreement. The court also does an accounting: the owner who paid the mortgage, taxes or repairs may get credit, and an owner who lived there alone may owe rent. Many states have adopted the Uniform Partition of Heirs Property Act, which gives other family members a chance to buy out the person who asked before a forced sale. The rules differ by state, so confirm with a local real estate attorney.
A partition suit costs attorney fees, court costs and often fees for an appraiser or a court-appointed referee, and it commonly takes many months, sometimes more than a year if the other owner contests it. I do not quote a dollar figure because it varies by state and by how hard the other side fights. Ask two local attorneys for written fee estimates.
In many states, the costs of the partition come out of the sale proceeds, which shrinks every owner's share. That is why a buyout, even at a modest discount to market, is often cheaper than winning in court. Time matters too: mortgage payments, taxes and insurance continue until the sale closes.
A partition action can do either. A court can divide the property into separate parcels, called partition in kind, or it can order the property sold and split the money, called partition by sale. Which one depends on your state and the facts. Many states prefer dividing the land when that can be done fairly, and order a sale when it cannot, such as for a single house.
A house cannot be cut in half, so a sale is the usual result for a house. Land, farmland or a large lot can sometimes be divided into parcels of equal value. A court may also give one owner the chance to buy the other out at a price set by an appraisal. Many states have procedures like this for heirs' property, and you should ask a local attorney whether yours does.
Tax: a division into equal-value parcels is generally not treated as a sale, but a division with a cash equalization payment can create a gain, and a sale is taxed on each owner's share of the gain. Ask a CPA before you agree to a division. A court-ordered sale also usually brings a lower price than a normal listing, which is another reason to try a buyout first.
Often, yes. A court-supervised sale can bring less than a normal listing, because the property may be sold on a deadline, in as-is condition, and sometimes by auction or through a court-appointed seller. Buyers know it and bid accordingly. Sellers' costs, such as the commissioner's or referee's fees and the legal costs, usually come out of the proceeds before the owners are paid.
You can often protect yourself by proposing a listing agreement the court approves, with a named broker and a reserve price, before the court picks the process. Many judges prefer an agreed sale to a forced one. A formal offer to buy out the other owner at appraised value can also show the court that you tried a fair route first.
We cannot say how much less a forced sale brings, because it varies by market and by process. If price is the concern, get a broker opinion of value now and compare it with the buyout number. Costs and timing are for your attorney; they differ widely by state and by whether the case is contested.
It depends on what the agreement says. Many co-ownership agreements waive the right to partition for a period or require mediation first, and courts in many states enforce a clear, reasonable waiver. Others limit it with a buy-sell clause, a right of first refusal or a required notice period. Read the agreement before you spend money on a lawyer.
Look for these terms: a date or event before which no one may force a sale, a method for setting the price, who may buy first, and what happens if a co-owner stops paying. If the agreement covers your situation, follow its steps; skipping them can hurt your case. If it says nothing, state law applies.
If you have no written agreement, consider writing one now, even in the middle of a dispute. A short, dated agreement on the price method, the deadline and the carrying costs can end a fight that a lawsuit would drag out. Have your attorney read it before you sign.
Yes, in most cases. Mediation is cheaper and faster than a partition suit, it keeps the terms in your hands, and a signed settlement can include things a judge will not order: a staged buyout, a move-out date, a split of the carrying costs, a shared listing agent. Some courts require mediation before a partition case moves forward anyway.
Come with the facts: the deed, the loan statement, a recent appraisal or broker opinion of value, a ledger of who paid what, and your goal. An offer that includes a price method and a date is easier to accept than a general demand.
One tool that often works between co-owners is a buy-sell offer. One owner names a price. The other chooses to buy at that price or sell at that price. Since the first owner does not know which way the other will go, the number tends to be fair. Put the terms in writing, get both signatures, and have your attorney review before it is final.
Do five things before you file. Get the deed and any agreement. Get an appraisal or a broker opinion of value. Total the carrying costs and who has paid them. Send a written buyout or listing proposal with a reply date. And ask a local real estate attorney for a fee estimate and for the likely outcome in your county.
Also check these: whether a mortgage or lien is on the property and in whose names; whether the estate is still open in probate, because an executor may be able to sell without a partition; whether every owner is named and found, including heirs; and whether the property is occupied, because possession affects the timeline.
A written, dated proposal does two jobs. It gives the other owner a fair way out, and it shows a judge you tried. Keep copies of all messages. If you later file, you will want the paper trail. Costs and timing vary widely, so ask for a range from the attorney, not a promise.
If you and your siblings co-own an inherited house, nobody can sell the whole house alone. The usual ways out are one sibling buying the others out, all of you agreeing to list it, a sibling selling only their share, or a partition suit asking the court to order a sale. The fastest is a written buyout offer based on an appraisal.
Check first who really owns it: the will, a trust, or probate. If it is still in an estate, the executor or trustee has the power to sell, and the heirs may not need to agree. The tax side is usually mild because inherited property gets a stepped-up basis to its value at death (IRC 搂1014), so a quick sale often has little gain. The worked example below shows it.
To buy out a co-owner, agree on a price based on an appraisal, pay it in cash or with a new loan on the whole property, and record a deed from the co-owner to you. Subtract what the co-owner owes toward the mortgage. The seller needs release from the old loan, so most buyouts are done with a refinance.
Tax-wise, the owner who sells a share has a sale at that price; for inherited property the gain is the price minus the stepped-up value, which is often small. The buyer's basis in the bought share is the price paid. If you sell to a sibling for less than market value, the gap can be a gift. The annual gift exclusion in 2026 is $19,000 per person, and larger gifts need a gift tax return (Form 709).
The standard method is a licensed appraisal by an appraiser both owners accept. If you cannot agree on one, each owner can hire an appraiser and the two appraisals can be averaged, or a third appraiser can break the tie. The buyout price is then each owner's share of the appraised value, adjusted for what the property owes and for any agreed credits.
Adjustments to settle in writing: the mortgage balance and any liens, repairs one owner paid for, carrying costs one owner paid beyond their share (taxes, insurance, upkeep), rent one owner collected or the value of exclusive use, and the selling costs a sale would have created. Some buyers deduct the selling costs they save; some do not. Name the method.
The buyer usually pays with cash or a new loan. A lender will want the leaving owner off the title and the old loan paid off, so line up the financing before the price is final. A buyout between siblings or relatives at a price far below the appraised value can be partly a gift for tax purposes. See the next question.
Yes, if both of you agree. If you accept payments over years instead of all cash at closing, the sale can be an installment sale, and you report the gain as you receive the payments (IRC 453). Be clear about what this is: you are the lender, not a neutral party, and you carry the risk that your sibling stops paying. Secure the note with a mortgage or deed of trust on the property, and charge at least the interest the IRS requires, or interest may be treated as paid anyway.
Sales between related people have extra rules. Siblings are related under the tax code. If your sibling resells the property within 2 years of buying it from you, the resale proceeds can be treated as received by you at that time, which speeds up your tax (IRC 453(e)). If the buyer is an entity your sibling controls and will depreciate the property, another related-party rule (IRC 453(g)) can deny installment treatment. Ask a CPA before you sign.
A price below the property's value is partly a gift, and a gift above the annual exclusion ($19,000 per person in 2026) may need a gift tax return. Also remember the limits of this path: a short life expectancy, a small gain, or a need for cash now point to a plain sale instead. Run your own numbers with the calculator.
Only if something gives them one. A right of first refusal usually comes from a written agreement, an operating agreement, or a clause in the deed or will. In many states, tenants in common have no automatic right of first refusal, and a co-owner can sell their share to an outsider. A statute or a court procedure in some states, such as heirs' property laws, can give other owners a chance to buy first.
If a right of first refusal exists, you must offer the property to the other owner on the same terms you accept from the outside buyer, and give them the time the agreement allows. Skipping that step can let the other owner challenge the sale. Read the agreement before you sign a contract with a third party.
Even where no right exists, offering the other owner the first chance is a smart step. It costs you nothing, it is evidence of good faith if a dispute follows, and it often leads to the buyout you wanted. Buyers who purchase a share also know they will become your co-owner, and they pay less for that, which is the reason a buyout often nets you more.
Usually you cannot remove a co-owner from the property, because each owner has a right to use all of it. But you may have claims. Many states let the other owners account for rent or the value of exclusive use, and let an owner who paid more than their share of taxes, insurance and repairs recover that amount from the others when the property is sold or partitioned. Rules differ by state, and a local attorney tells you what applies.
Keep a ledger of every payment: who paid the taxes, insurance, repairs and any mortgage, with dates and receipts. Ask in writing for a move-out date or a rent figure. Offer a buyout. Many disputes end when the sibling who lives there sees the number in writing.
If an estate is still open, the executor can often manage the property or sell it, and the heirs do not have to agree on a partition. Ask the probate attorney whether title has passed. For the tax, the basis for each heir is generally the value at death (IRC 1014), so a sale soon after often produces a small gain. See the worked example below.
Each co-owner reports their own share of the gain: their share of the price, minus their share of selling costs, minus their share of basis. For inherited property the basis is the value at the date of death (IRC 搂1014), so a quick sale often has little gain. For a cabin or rental bought together decades ago, the gain can be large.
The home sale exclusion (IRC 搂121) of $250,000 per owner applies only if that owner lived in the home as a main residence for 2 of the last 5 years; an heir who never lived there does not get it. See the two worked examples below, run on October 14, 2026.
No. A sale ordered by a court in a partition is still a sale. Each owner reports their share of the gain: the amount realized for their share, less their basis and their share of the selling costs. The rate is the long-term capital gain rate if you held the property more than a year, plus the 3.8% net investment income tax where income is high enough (IRC 1411), plus state tax.
Basis depends on how you got your share. For an inherited share it is generally the value at the date of death (IRC 1014), so the gain after a prompt sale is often small. For a share you bought, it is what you paid plus improvements. If the property was a rental, depreciation is added back and taxed up to 25%. If it was your main home, up to $250,000 of gain can be excluded if you meet the 2 of 5 year tests (IRC 121).
The examples below show the difference between an inherited house and a long-held cabin. If your gain is very large, ask a CPA whether a payout over years, where the buyer pays in full at closing and you are not the bank, fits. It rarely fits a gain under about $500,000, and it must be planned before closing.
Two examples, one for each situation, both for a single owner selling in Texas (no state income tax) with $70,000 of other income, as of October 14, 2026.
| Inherited house, sold by two siblings | Cabin bought together, one owner sells a half | |
|---|---|---|
| Price of this owner's share | $360,000 (half of a $720,000 sale) | $450,000 (half of a $900,000 sale) |
| Basis of this owner's share | $300,000 (stepped up to $600,000 at death, half) | $150,000 (half of $300,000 paid, no depreciation) |
| Selling costs (6%) | $21,600 | $27,000 |
| Gain | $38,400 | $273,000 |
| Federal tax on the gain | $5,760 (15.0%) | $46,384 (17.0%, includes the 3.8% net investment income tax) |
| Cash left after tax | $332,640 | $376,616 |
The first owner pays little because the basis was reset at death. The second pays more because the property was never stepped up. If an owner lived in the cabin as a main home for 2 of the last 5 years, up to $250,000 of the gain could be excluded under IRC 搂121, which would change the second column. Run on October 14, 2026 with the Goldstein & Co. engine: 2026 federal brackets and the 3.8% net investment income tax (IRS Rev. Proc. 2025-32). These are estimates, not a quote.
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If a co-owner refuses to sell, you usually have four paths: negotiate a buyout in either direction, sell only your own share, ask the court to order a sale or a split (a partition action), or wait. Which one fits depends on how the property is titled and what state it is in. The court route is available to most co-owners unless you signed away that right.
In every case, start by getting the facts in writing: who is on the deed, any co-ownership agreement, what is owed on the mortgage, and who has paid taxes, insurance and repairs. A partition suit costs money and time, and the costs often come out of everyone's proceeds, which is why a buyout offer backed by a fair appraisal often works first.
One co-owner can usually sell only their own share, not the whole property. If two people own a house as tenants in common, either can sell or mortgage their undivided share without the other's signature, and the buyer becomes the new co-owner. Nobody can sell the full house without all owners signing, unless a court orders it.
Joint tenants with right of survivorship can also sell their share, but doing so usually ends the survivorship link for that share. In community property states, a spouse's signature is often needed. Your title company will not insure a sale of the whole house without every owner, so the practical choice is to sell your share at a discount, buy the other owner out, or ask the court.
A partition action is a lawsuit in which one co-owner asks a court to end the co-ownership. The judge either divides the property into separate parts (partition in kind) or orders it sold and splits the money by ownership share (partition by sale). For a single house, a sale is the common result.
In most states a co-owner has a right to ask for partition unless they signed a waiver in a co-ownership agreement. The court also does an accounting: the owner who paid the mortgage, taxes or repairs may get credit, and an owner who lived there alone may owe rent. Many states have adopted the Uniform Partition of Heirs Property Act, which gives other family members a chance to buy out the person who asked before a forced sale. The rules differ by state, so confirm with a local real estate attorney.
If you and your siblings co-own an inherited house, nobody can sell the whole house alone. The usual ways out are one sibling buying the others out, all of you agreeing to list it, a sibling selling only their share, or a partition suit asking the court to order a sale. The fastest is a written buyout offer based on an appraisal.
Check first who really owns it: the will, a trust, or probate. If it is still in an estate, the executor or trustee has the power to sell, and the heirs may not need to agree. The tax side is usually mild because inherited property gets a stepped-up basis to its value at death (IRC 搂1014), so a quick sale often has little gain. The worked example below shows it.
To buy out a co-owner, agree on a price based on an appraisal, pay it in cash or with a new loan on the whole property, and record a deed from the co-owner to you. Subtract what the co-owner owes toward the mortgage. The seller needs release from the old loan, so most buyouts are done with a refinance.
Tax-wise, the owner who sells a share has a sale at that price; for inherited property the gain is the price minus the stepped-up value, which is often small. The buyer's basis in the bought share is the price paid. If you sell to a sibling for less than market value, the gap can be a gift. The annual gift exclusion in 2026 is $19,000 per person, and larger gifts need a gift tax return (Form 709).
You have the same four paths as any co-owners: agree to sell and split the money, one of you buys the other out, one of you sells your share, or a court orders a sale or division (a partition action). The difference from a divorce is that no family court divides your property for you, and the tax rules that protect spouses do not apply.
The split usually follows how you hold title and what each of you put in. If you hold as tenants in common, each of you owns a stated share. If you hold as joint tenants, each of you generally owns an equal share, even if one paid more, though a court can look at contributions in some states. A written agreement between you is the best proof of what you meant.
Tax: a transfer of your share to a partner is not covered by the spouse rule (IRC 1041). It is a sale or a gift. A gift above the annual exclusion ($19,000 per person in 2026) may require a gift tax return, and the receiver takes your basis. A sale to your partner is taxed on your gain, and each of you may use a $250,000 exclusion if you lived there as a main home for 2 of the last 5 years (IRC 121). Get the loan sorted too: a lender will not release one name just because you broke up.
A partition action can do either. A court can divide the property into separate parcels, called partition in kind, or it can order the property sold and split the money, called partition by sale. Which one depends on your state and the facts. Many states prefer dividing the land when that can be done fairly, and order a sale when it cannot, such as for a single house.
A house cannot be cut in half, so a sale is the usual result for a house. Land, farmland or a large lot can sometimes be divided into parcels of equal value. A court may also give one owner the chance to buy the other out at a price set by an appraisal. Many states have procedures like this for heirs' property, and you should ask a local attorney whether yours does.
Tax: a division into equal-value parcels is generally not treated as a sale, but a division with a cash equalization payment can create a gain, and a sale is taxed on each owner's share of the gain. Ask a CPA before you agree to a division. A court-ordered sale also usually brings a lower price than a normal listing, which is another reason to try a buyout first.
Yes, in most cases. Mediation is cheaper and faster than a partition suit, it keeps the terms in your hands, and a signed settlement can include things a judge will not order: a staged buyout, a move-out date, a split of the carrying costs, a shared listing agent. Some courts require mediation before a partition case moves forward anyway.
Come with the facts: the deed, the loan statement, a recent appraisal or broker opinion of value, a ledger of who paid what, and your goal. An offer that includes a price method and a date is easier to accept than a general demand.
One tool that often works between co-owners is a buy-sell offer. One owner names a price. The other chooses to buy at that price or sell at that price. Since the first owner does not know which way the other will go, the number tends to be fair. Put the terms in writing, get both signatures, and have your attorney review before it is final.
Do five things before you file. Get the deed and any agreement. Get an appraisal or a broker opinion of value. Total the carrying costs and who has paid them. Send a written buyout or listing proposal with a reply date. And ask a local real estate attorney for a fee estimate and for the likely outcome in your county.
Also check these: whether a mortgage or lien is on the property and in whose names; whether the estate is still open in probate, because an executor may be able to sell without a partition; whether every owner is named and found, including heirs; and whether the property is occupied, because possession affects the timeline.
A written, dated proposal does two jobs. It gives the other owner a fair way out, and it shows a judge you tried. Keep copies of all messages. If you later file, you will want the paper trail. Costs and timing vary widely, so ask for a range from the attorney, not a promise.
The standard method is a licensed appraisal by an appraiser both owners accept. If you cannot agree on one, each owner can hire an appraiser and the two appraisals can be averaged, or a third appraiser can break the tie. The buyout price is then each owner's share of the appraised value, adjusted for what the property owes and for any agreed credits.
Adjustments to settle in writing: the mortgage balance and any liens, repairs one owner paid for, carrying costs one owner paid beyond their share (taxes, insurance, upkeep), rent one owner collected or the value of exclusive use, and the selling costs a sale would have created. Some buyers deduct the selling costs they save; some do not. Name the method.
The buyer usually pays with cash or a new loan. A lender will want the leaving owner off the title and the old loan paid off, so line up the financing before the price is final. A buyout between siblings or relatives at a price far below the appraised value can be partly a gift for tax purposes. See the next question.
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