Why these disputes happen
Inherited houses come with memories, and memories do not split evenly. Common sticking points include:
- One sibling lives in the house and does not want to leave.
- One heir wants cash now; another wants to keep it as a rental.
- Someone paid the taxes and repairs and wants credit for it.
- People disagree on what the house is worth.
Before anything else, make sure you know who actually owns the house. If a parent owned it alone or as a tenant in common, it usually has to go through probate at the Register of Wills. If it was held jointly with right of survivorship, it passed outside probate. While the estate is open, the personal representative may be able to sell: under a power of sale in the will (12 Del. C. §2719), or, to pay debts, with a Court of Chancery order. That can settle a dispute before heirs ever hold title. Our guide to the Delaware Register of Wills explains the process.
Try these before going to court
Court is the last resort because it is slow and expensive. Most disputes end with one of these:
- Get a neutral value. An independent appraisal takes the argument about price off the table.
- Buyout. The heir who wants the house pays the others for their shares, often with a new mortgage.
- Mediation. A trained mediator helps family members reach a deal. It is private and usually far cheaper than litigation.
- Agreed sale. Everyone signs on to sell and split the proceeds, sometimes with credits for who paid what.
- Written agreement. Whatever you decide, put it in writing so it holds.
Can you sell just your share?
Often, yes. A co-owner who holds an interest as a tenant in common can generally sell that interest without the others' consent. The catch is that few buyers want a partial share of a house they cannot control. Those who do will usually pay well below that share's portion of full market value, because they are buying into the dispute.
If the house is still in an estate, heirs may not yet hold a separate share to sell. Talk to an attorney about where the estate stands before you sign anything.
How partition works in Delaware
Partition is the legal process for ending shared ownership. Delaware's rules are in 25 Del. C. Ch. 7.
| Step | What happens |
|---|---|
| Petition (§721) | Any co-owner, joint tenant, tenant in common, or heir files in the Court of Chancery in the county where the land is |
| Summons | Returnable at least 20 days after issue |
| Commissioners (§724) | The court orders partition and appoints commissioners |
| Sale (§729) | If the land cannot be divided without harm, the court orders a public sale by a trustee |
| Liens (§732) | Liens move from the land to the sale proceeds |
| Distribution (§733, §735) | Proceeds are split by each owner's share after costs |
A single-family house almost never divides neatly, so partition of a home usually ends in a court-ordered sale. You can read the chapter on the Delaware Code site.
If one heir is living in the house
An heir who lives in the property is one of the hardest situations to untangle. They may have cared for a parent there, may have nowhere else to go, or may feel the house is theirs by right. Meanwhile, the other heirs may be sharing the taxes and insurance without any benefit.
Ways families handle this include charging the occupying heir fair rent, giving them a set move-out date with help finding a new place, or letting them buy out the others over time. Whatever you choose, write it down. If the occupying heir needs time after a sale, a rent-back arrangement can bridge the gap; see cash + rent-back.
What partition really costs
Partition costs come out of the sale proceeds before anyone gets paid. That can include attorney fees for multiple parties, court costs, commissioner and trustee expenses, and the cost of the sale itself. Exact amounts vary widely by case, so ask an attorney for an estimate.
A public sale can also bring a lower price than a well-marketed listing. When you add time, fees, and a possible auction discount, many families find a voluntary deal leaves everyone with more.
There is also a human cost. Partition cases put family members on opposite sides of a courtroom, often for months. Relationships that survive a hard estate often do so because the family found a middle path early. Sometimes simply filing, or having an attorney explain what a partition would cost, is enough to bring a holdout back to the table.
Taxes and money questions
Two pieces of good news: Delaware has no estate tax for deaths after 2017 and no inheritance tax. Heirs also generally receive a stepped-up tax basis equal to the home's value at the date of death, which can shrink or erase capital gains if you sell soon after. See capital gains in Delaware for more.
Heirs who live out of state should know that Delaware generally requires estimated tax withholding at closing for nonresident sellers.
How Silverside Home Buyers can help
We buy inherited and co-owned houses throughout Delaware as-is. We can give every heir the same written offer so everyone sees the same numbers, and we work with estate attorneys and personal representatives.
- A cash offer that lets the family split proceeds and move on.
- Fix & List if the house needs work and the family wants a retail price without fronting repair costs.
- Patience with probate timelines.
Our price is below full retail value. For some families, a quick agreed sale is still better than a court-ordered one. Read our guide on selling an inherited house in Delaware, or call (302) 798-8655.
General information, not legal or tax advice.
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Get My Written Offer Call (302) 798-8655Frequently asked questions
Can one heir force the sale of a house in Delaware?
Any co-owner or heir can petition the Court of Chancery for partition, and the court may order a sale if the property cannot be divided.
Which court handles partition in Delaware?
The Court of Chancery in the county where the property is located, under 25 Del. C. §721.
What happens to the mortgage and liens in a partition sale?
Under §732, liens move to the sale proceeds and are paid from them.
Can I sell my share of an inherited house without my siblings?
A tenant in common can generally sell their interest, but buyers of partial shares usually pay a steep discount.
Does Delaware have an inheritance tax?
No. Delaware has no inheritance tax, and its estate tax was repealed for deaths after 2017.
Is mediation an option for family disputes over a house?
Yes. Private mediation is usually faster and cheaper than a partition case.
Sources
General information, not legal, tax, or financial advice. Laws, fees, and schedules change. Confirm with the office named or your attorney.