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My sister doesn't want to sell the house we inherited, what happens now?

me and my sister inherited our moms house together and I want to sell it but she wants to keep it and rent it out instead. we cant agree and its just sitting there empty racking up bills. can an agent even help us figure this out or do we need to go to court or something?

Asked by Andrea | Topeka, KS| 10-23-2026| 24 views|Selling|Updated 2 days ago

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Brenda AshbyReal Estate Agent12 hours ago

Andrea, first, I'm sorry for the loss of your mom. Inheriting a family home can be emotional, especially when siblings have different ideas about what should happen to the property. The good news is that you don't necessarily have to go to court to resolve this. A knowledgeable real estate agent can help you explore your options before taking that step. Here's what I would recommend: 1. Get a professional market analysis. Find out what the home could sell for today versus its potential rental income. Having actual numbers may help both of you make a more informed decision. 2. Discuss a buyout. If your sister wants to keep the property, she may be able to purchase your ownership interest, allowing you to receive your share while she keeps the house. 3. Consider renting together. If you're open to it, you could agree to rent the home temporarily, with a written agreement covering expenses, maintenance, rental income, and when the property might eventually be sold. 4. Consult a real estate or probate attorney. If you still cannot agree, Kansas law provides a legal process called a partition action, which may ultimately result in a court-ordered sale or another resolution. One thing I wouldn't recommend is allowing the house to continue sitting vacant indefinitely. Property taxes, insurance, utilities, and maintenance expenses can quickly eat into your inheritance. My advice? Start with a real estate agent who can provide an objective property valuation, and an attorney who can clarify your ownership rights. You'll also want to confirm whether the estate has completed probate and whether the title has been transferred into both your names. Sometimes, taking the emotion out of the conversation and putting real numbers on the table is exactly what families need to reach an agreement. You and your sister may want different things, but hopefully, there's a solution that protects both of your interests while honoring what your mom left you. Brenda Ashby | REALTOR® | JohnHart Real Estate | DRE License # 01700249

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Riley HallReal Estate Agent13 hours ago
Semi-Pro50 Answers

Sorry about your mom. This is one of the most common spots heirs land in, and yes, an agent can help, just not with the legal part. Here's where I'd start. Get a real number first. Ask a local agent for a market analysis on what it would sell for, and what it would rent for. A lot of these standoffs are two people guessing. Once you both see real figures, the conversation changes. Then run the rental math honestly. Taxes, insurance, repairs, vacancy, a property manager if neither of you wants to deal with tenants. Renting an inherited house sounds simple until the water heater goes at 2am. Third, look at a buyout. If your sister wants to keep it, she may be able to buy your share, either with cash or a loan, at a price based on that appraisal or market analysis. That's often the cleanest answer. You get your money, she gets the house. In the meantime, agree in writing on who pays the bills while it sits empty. Empty houses cost money every month. If you truly can't agree, most states have a court process (usually called partition) where a co-owner can force a sale. It's expensive and slow, and it tends to cost both of you. I'm licensed in Virginia, so talk to a real estate or probate attorney in Kansas about how it works there before anyone files anything. Start with numbers. Court is the last resort, not the first move.

Jonathan ClaudioReal Estate Agent17 hours ago

A real estate agent can help you and your sister compare the home’s market value, potential rental income, and ongoing expenses to see whether selling or renting makes more financial sense. If you still cannot agree, you may need to consult a real estate attorney about a partition action, which can potentially lead to a court ordered sale. Your options depend on how the property is titled and whether the estate has completed probate, so it is worth getting legal guidance before taking the next step. In the meantime, try to agree on how to handle the bills and maintain the property while you work toward a resolution.

Zoltan PeresztegiReal Estate Agent1 day ago

Andrea, you do not need to go to court first, and an agent can help, but the honest answer is that a co-owner generally cannot be forced to sell without a court order, so the goal is to make a buyout or a sale look better to your sister than the status quo. I am sorry about your mom. The empty house costing you both money is usually the strongest argument you have, so start there. Put the real carrying costs on one page: taxes, insurance, utilities, upkeep, and any mortgage. Then compare keeping it as a rental (expected rent minus those costs minus vacancy and repairs) against a sale net of closing costs. Many siblings change their minds when they see the rental profit is smaller than they pictured. The three realistic paths are a buyout (one of you refinances or pays the other for her share, based on an appraisal), a joint sale with the proceeds split, or a partition action, where a court orders a sale or split. Partition is available in every state in some form, but it is slow, expensive, and often forces a sale at a worse price, so treat it as the last resort and a reason to negotiate. Ask an agent in the property's area for a market value opinion and a rent estimate, and have an estate attorney confirm how title is held and whether probate is finished, because you cannot sell until that is settled. I am a real estate professional, not an attorney, so please get the title question answered by one. If it helps, I can point you to a trusted agent where the house is. My name is Zoltan Peresztegi. Zoltan

Austin MooreReal Estate Agent1 day ago

You can bring an agent into this before deciding whether to go to court. A sale estimate, expected selling expenses and realistic rental numbers would give you and your sister something concrete to discuss. Keeping it as a rental would mean agreeing on repairs, bills and management, too. If you'd rather have your share now, another possibility is for her to buy you out, if she can afford it. The legal side belongs with a Kansas real estate attorney, especially if any estate work is unfinished. Have the attorney confirm your ownership interests and explain the options if you still can't agree, including mediation or a possible partition action. While you're sorting that out, keep a shared record of expenses and agree on how the necessary bills will be paid.

Jonathan ClaudioReal Estate Agent2 days ago

An agent can absolutely help you and your sister explore your options, starting with a conversation about the home’s market value, the costs of keeping it as a rental, and whether one of you could buy out the other. If you both inherited the house in California and cannot agree, you may be able to pursue a partition action, which asks the court to divide or order the sale of the property, even if one co-owner wants to keep it.

Keith Jean PierreReal Estate Agent2 days ago

Andrea, buy out or sell the home all together and split the proceeds are the only two logical plays. Selling to a completely different individual adds further complications that I have a feeling neither of you would want and will be highly impossible. If you can't agree, court order may be required to force the sale. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States

Juliana ReynosoReal Estate Agent2 days ago

When two siblings inherit a property and can’t agree on what to do with it, there are a few options. A real estate agent can help you understand the home’s market value, estimate potential rental income, and explore whether one sibling could buy out the other’s share. If you still can’t reach an agreement, you may need to consult a real estate attorney to understand your legal options, which could include a partition action to have the property sold. The best next step is to review how the property was inherited and what ownership rights each of you has before deciding how to move forward.

Alla NovytskaReal Estate Agent2 days ago

Andrea, an agent can help here, and it doesn't have to start with court. What usually breaks a stalemate like yours is real numbers. Ask a local agent for two things: what the house would likely sell for as it sits, and what it could rent for in Topeka once you take out upkeep and taxes. Sometimes seeing the rental math on paper changes your sister's mind. Sometimes it changes yours. There's also a middle path. If she wants it as a rental, she could buy out your share, usually with a loan in her own name. Court is the last resort. Co-owners can generally ask a judge to divide or force a sale, but it's slow and costly, and hard on family. Talk to a Kansas real estate attorney before anyone files anything. Meanwhile, agree on who covers those bills while it sits. I'm licensed in California, so a Kansas agent is your best source for local numbers. Alla Novytska, Realtor®, JohnHart Real Estate, DRE #02254775

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