When Heirs Can't Agree to Sell Inherited Property Virginia Families Are Often Left Feeling Stuck

Losing a parent or grandparent is hard enough. But when the estate includes a house — and the people who inherited it can't get on the same page — grief can quickly turn into something that feels a lot more like conflict. If heirs can't agree to sell inherited property Virginia law gives you more options than most people realize, and understanding those options can change everything about how this situation feels and how it ends.

You are not the first family to be in this position, and you are not doing anything wrong by struggling with it. Inherited property disputes are one of the most common and emotionally charged real estate situations that exist. The good news is that there are clear paths forward — even when communication has broken down completely.

What's Actually Happening Legally

When someone dies and leaves real estate to more than one person, each of those people typically becomes a co-owner of the property. In Virginia, this is called tenancy in common, and it means that every heir owns a percentage share of the property — not a specific physical portion of it, just a fractional interest in the whole.

Here is what makes this complicated: no single co-owner has the right to force the others to sell. But no co-owner can be permanently trapped either. Virginia law, specifically Va. Code Ann. § 55.1-1700 et seq., gives any co-owner the right to petition the circuit court for a partition of the property. In a partition action, a judge can either divide the property (if it's divisible, like a large tract of land) or order it sold entirely and the proceeds distributed among the owners.

That sounds like a clean solution, and sometimes it is. But partition suits take time — often many months, sometimes over a year — and they cost money in attorney's fees and court costs. They can also permanently damage family relationships. Judges don't always split proceeds the way families expect, and the process can feel cold and impersonal at the worst possible moment. It's worth knowing partition exists, but it's also worth knowing it's rarely anyone's first choice.

Your Real Options When Heirs Can't Agree to Selling Inherited Property Virginia

You have more choices than it might feel like right now. Here is an honest look at all of them:

1. Do nothing for now. Sometimes families need time. If no one is in financial distress and the property isn't accruing significant debt, waiting while everyone processes their grief is completely valid. This works until it doesn't — delinquent taxes, deferred maintenance, or changing life circumstances can make delay costly.

2. Keep trying to negotiate among yourselves. A family mediator or estate attorney can sometimes help heirs reach a private agreement. This is usually the fastest and cheapest path — when it works.

3. File a partition action. As described above, this is the legal nuclear option. It gets the job done, but it's slow, expensive, and adversarial.

4. Sell to a traditional buyer. This requires every co-owner to sign the contract and closing documents. If even one person refuses, this path is blocked.

5. Sell your individual interest to a specialized buyer. This is where things get interesting. In Virginia, any co-owner can sell their own fractional interest without the consent of the other owners. A specialized buyer — one who is experienced in fractured ownership situations — can purchase one heir's share and step into that seat at the negotiating table.
   

Why a Specialized Buyer Often Makes the Most Sense

Simple Home Relief was built specifically for situations like this one. Most real estate investors and traditional buyers won't touch a property where ownership is disputed, title is clouded, or heirs are missing. We do this work every day, and there are a few things that set us apart.

We can purchase a partial or fractional interest. That means if you want or need out, you don't have to wait for your siblings or cousins to agree. We can buy your share and work with the remaining owners from there.

We self-insure title. Traditional title insurance companies often won't insure properties with complicated ownership histories. Because we underwrite our own title risk, we can move forward on properties that would stop a conventional sale cold.

We employ genealogists. Missing heirs are more common than people realize, and a missing heir's signature can be just as legally necessary as anyone else's. We have the in-house resources to find people — sometimes people the family didn't even know existed.

We close fast. Depending on the situation, we can close in days, not months. When someone is facing financial pressure or just needs resolution, that speed is genuinely meaningful.

One situation we worked through stays with us. Two siblings had inherited their mother's home. One was living in the property; the other desperately needed the financial proceeds from a sale. The sibling who needed the money felt powerless, and resentment had built up between them over time. We were able to structure an arrangement where the heir who wanted to sell received her payout, and we stepped into her place as a co-owner to continue working toward a resolution with the brother who remained. Nobody had to go to court. Nobody had to keep fighting.

In another case, a woman came to us needing to sell an inherited property, but she couldn't proceed because there was a half-brother she had never met — and didn't even know she had — whose signature was legally required. Our team located him, made contact carefully and respectfully, and worked out an arrangement that allowed the sale to move forward. It was the kind of problem that can feel completely unsolvable until someone with the right tools steps in.

What the Process Looks Like with Simple Home Relief

We try to make the first conversation as easy as possible. You call or reach out online, and you talk to a real person — usually Luke (the owner) directly — who listens to your situation without rushing you. There's no script, no pressure, and no commitment required just to have a conversation.

From there, we review the property, research the title and ownership history, and put together an offer. Because we handle our own title work, this process moves quickly. If you want to proceed, we move toward closing on a timeline that works for you — not a timeline dictated by a lender or a title company's backlog.

We understand that for most people, this is the first time they've ever dealt with anything like this. We explain each step in plain language, and we never push you toward a decision before you're ready.

Frequently Asked Questions

Can one heir sell inherited property without the others agreeing in Virginia?

Yes, with an important caveat. A co-owner in Virginia can sell their own fractional interest in a property without the consent of the other co-owners. What they cannot do is sell the entire property without everyone's agreement. A specialized buyer can purchase that individual interest and work with the remaining owners from there.

What happens if one heir is missing or can't be located?

A missing heir can bring the entire sale process to a halt, because their legal interest in the property still exists even if they can't be found. In some cases, courts can appoint a guardian ad litem to represent an absent heir's interests in a partition proceeding. In other cases — like we've done before — a company with genealogy and private investigation resources can locate the person and negotiate directly with them.

How long does a partition lawsuit take in Virginia?

Partition actions in Virginia circuit courts can take anywhere from six months to well over a year, depending on the complexity of the case, the court's docket, and whether any parties contest the action. Attorney's fees and court costs add up quickly, often reducing what each heir ultimately receives.

Do we have to pay taxes when we sell inherited property in Virginia?

We're not CPAs so you need to hire a professional. Property taxes typically stay with the property though and are expected to be paid even after death.

Inherited property disputes don't resolve themselves, but they do resolve — and they don't have to end with a courtroom or a broken family. Whenever you're ready to talk through your options, Simple Home Relief is here. Visit simplehomerelief.com to learn more or reach out at your own pace. There's no pressure, no obligation, and no judgment — just a real conversation about what's possible.