How can I own 1/3 of a house? Understanding probate and real property.
When someone passes away and their estate goes through probate, real estate (houses, condos, land, etc...) often passes directly to the heirs. That can mean several family members — often siblings or other relatives — suddenly become co-owners of the same house or land. Here’s why this happens:
No Will, No Directions: If the deceased didn’t leave a will, state law typically requires that real estate pass equally to all heirs. (Example: A parent dies without a will — their house passes equally to all children.)
A Will That Gives “Equal Shares: Even if there is a will, many people simply leave property to their “children equally,” creating shared ownership. (Example: A parent’s will says “the house goes to my three kids equally.”)
More Than One Beneficiary Named: When someone names multiple people to inherit the same property, everyone becomes a co-owner — whether they want to be or not.
No One Bought Out the Others: If one heir doesn’t buy the others’ shares or they can’t agree on a buyout, they continue to co-own the property together after probate is complete.
⚖️ What if You Don’t Agree?
When co-owners can’t agree on what to do with the property — sell, rent, or live in it — any one of them can file a partition action. The court can order the property sold and split the proceeds among the co-owners so everyone can go their separate ways.
Types of Partition —
Partition in kind: The property is physically divided (often with larger tracts of land).
Partition by sale: The property is sold, and proceeds are split between co-owners.
🔸 Resolution — The court will typically order a sale if a fair physical division isn’t practical.
Bottom Line: Probate can lead to unintended co-ownership. If you and your family members find yourselves in this situation and can’t see eye to eye, a partition action can help you reach a fair resolution. At The Probate Law Center, our attorneys can walk you through the steps to straighten out home ownership with multiple owners.
⚠️ This post is for informational purposes only and is not intended as legal advice. Every situation is unique. If you need help navigating a probate matter or a partition action, contact a qualified probate attorney for guidan