Asked in Real Estate Law and Probate for Virginia

Q: Force sale of inherited property?

My mother passed away in 2014. Left her house to 6 children in her will. 4 wanted to sell. 2 wanted to keep. 1 of the keepers passed away recently. Those wanting to sell still want to sell. Is there any recourse to force sale?

Related Topics:
1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Probate Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: Yes. The action is called a Petition for Sale in Lieu of Partition. The elements require that the property not be severable. A house isn't severable. Five Hundred acres of farmland is. An apartment building might be. The other element is that one of the owners wishes to sell. There are few defenses, and, in Virginia, the legal fees can be charged to the costs of the sale by statute. Most attorneys do want some of the funds up front. It's a fairly easy petition, but it is far less likely to be granted as a pro se (represent yourself) matter, because the judge needs to know that the same will be conducted fairly and reasonably. There also are often issues to resolve such as resident heirs not wanting to clear out of the place or clean it before sale. Legal representation is critical.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.