Home›Articles›Selling property when one heir refuses

Selling property when one heir refuses

When several people are left property, the easiest way to divide the property is to sell it and then divide the proceeds. Often, that procedure runs into difficulty especially when you have one recalcitrant heir who refuses to sell. A 2019 case highlighted some of the difficulties in that situation. In the case, a woman left her house to her five children. One child was living in the house and refused to leave or let any of the other children in the house without advance notice to her. She also changed the locks. These actions are what the law calls "ouster". The other heirs had to file suit against her. They received a judgment against her for over $30,000. The heirs will also recover their attorneys fees. The situations are difficult. They usually involve family members. However, the heirs or not without remedies. 04-18-00402-CV.

**By **Robert Ray a Texas inheritance attorney.

Tell me what happened

Write to me through the contact form: what happened, roughly when, and who is involved. I read these myself. Writing means our first conversation can be about your situation instead of getting me up to speed.

This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.