Splitting inherited property between siblings requires understanding your ownership structure, exploring fair division options, and knowing your legal rights when family disagreements arise over what’s often the most valuable asset in an estate.
Family property disputes are unfortunately common, with research showing that 44 percent of all Will disputes involve sibling disagreements over inheritance. The vast majority of these disputes involve estates worth less than £250,000, while 32 percent of parties cite “unequal distribution of money” as the major cause of contention, and 46 percent believe they didn’t receive what they were promised. Remarkably, just over half of sibling Will disputes centre around property or land being the main point of disagreement.
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How To Split Inherited Property Between Siblings?
When you inherit property with siblings, your ownership structure determines your options and rights. There are two main types of joint ownership that affect how you can proceed.
Joint Tenants Ownership
As joint tenants, you and your siblings collectively own the entire property with equal shares. Any decision to sell requires written consent from all siblings, and proceeds are split equally between everyone listed as joint tenants. If one sibling passes away, their share automatically transfers to the surviving joint tenants through the right of survivorship.
Tenants in Common Ownership
Under tenants in common arrangements, each sibling owns a specific percentage of the property. You can sell your individual share to other siblings or third parties without obtaining written consent from other tenants in common. When the property is sold, proceeds are divided according to each sibling’s ownership percentage.
You can check your ownership type by downloading the property’s title register from the UK Land Registry for £3. Look at Section B (Proprietorship Register) – if you see wording like “No disposition by a sole proprietor… without an order of the court,” you’re tenants in common.
What Happens When Siblings Inherit Property Under Intestacy Rules
When someone dies without a will, intestacy rules determine property distribution. If there’s no surviving spouse, the entire estate passes to the children and is split equally between all siblings. Where there is a surviving spouse or civil partner, children only inherit if the estate exceeds £322,000, with each child receiving an equal share of the value above this threshold.
Options for Dividing Inherited Property Between Siblings
When siblings inherit property together, several pathways can resolve the situation fairly:
Sell the property and split proceeds equally – The most straightforward approach when all siblings agree
One sibling buys out the others – Allows someone to keep the family home while providing cash to other siblings
Keep as rental property and share income – Generates ongoing income for all parties
Sell individual shares – Possible under tenants in common, though finding buyers can be challenging
Apply for court-ordered sale – A last resort when agreement cannot be reached
The approach you choose depends on your family’s financial circumstances, emotional attachments to the property, and ability to reach consensus.
Can One Sibling Force the Sale of Inherited Property?
An individual sibling cannot force the sale of inherited property without a court order. However, if siblings cannot agree on whether to sell or keep the property, the sibling wanting to sell can apply for an Order of Sale. This legal process requires writing to each sibling explaining the case for selling, giving everyone the right to reply, and potentially proceeding to court if mutual agreement cannot be reached.
This route can be expensive and time-consuming with no guarantee of success, and will likely damage family relationships permanently. Courts often require mediation attempts before legal proceedings, which tends to be more cost-effective and faster.
How Do You Buy Out Siblings From Inherited Property?
When one sibling wants to keep the inherited property, they can purchase the other siblings’ shares. This process involves several steps:
Obtain a professional property valuation from a RICS-regulated surveyor to establish fair market value
Calculate each sibling’s share based on the ownership structure and will provisions
Secure financing through mortgages, remortgaging, or cash resources
Complete legal transfers with solicitor assistance to become sole owner
Update the property deed to reflect single ownership
If life insurance policies were in place, these may cover outstanding mortgage payments, simplifying the buyout process.
Reddit Insights: Real Family Experiences
Property Saviour has observed numerous family situations where siblings struggle with inherited property decisions. One Reddit user shared how their brother wanted to keep the family flat while they preferred to access their inheritance value, leading to discussions about fair rent payments for the sibling remaining in the property.
Another family faced difficulties when one sibling changed the locks claiming “renters rights” while other siblings wanted to sell. These real-world examples highlight why clear communication and professional guidance are essential.
Property Saviour understands these emotional and financial pressures. When families face deadlock over inherited property decisions, our compassionate team provides guaranteed sale options that can help resolve disputes while ensuring fair outcomes for all siblings involved.
What to Do When One Sibling Won’t Agree to Sell?
When siblings reach an impasse over selling inherited property, several strategies can help break the deadlock:
Communication and Mediation
Start with family discussions to understand each sibling’s concerns and motivations. Professional mediation services can facilitate these conversations neutrally.
Financial Arrangements
If one sibling wants to remain in the property, they should pay market rent to other siblings for their proportional shares. This approach recognises that other siblings are effectively subsidising the occupying sibling’s living costs.
Professional Valuation
Independent property valuations help establish fair market value and remove emotional bias from discussions.
Legal Consultation
Inheritance dispute solicitors can explain rights and options while exploring amicable solutions before court proceedings.
Take the case of Sarah from Mansfield, whose brother wanted to keep their parents’ house while she needed access to her inheritance to pay her own mortgage. Property Saviour helped facilitate a quick sale that allowed both siblings to move forward with their lives, providing certainty during an emotionally challenging time.
Understanding the Costs and Tax Implications
The following table outlines the main costs and tax considerations when dealing with inherited property:
| Cost/Tax Type | Rate/Amount | When Applied |
|---|---|---|
| Inheritance Tax | 40% | On estates over £325,000 (£500,000 with main residence allowance) |
| Capital Gains Tax | 18% (basic rate) / 28% (higher rate) | On property sales above annual exemption |
| Probate Application | £273 | When estate value exceeds £5,000 |
| Land Registry Search | £3 | To check ownership structure |
| Solicitor Fees | £500-£2,000+ | For legal transfers and dispute resolution |
Understanding these costs helps siblings plan financially and make informed decisions about their inheritance options. When you sell inherited property for more than the annual capital gains allowance, you’ll need to consider the tax implications carefully.
How Long Do Siblings Have to Decide What to Do With Inherited Property?
There’s no legal deadline for siblings to decide what to do with inherited property, but several factors create practical timelines. Inheritance tax must be paid within six months of death, which may pressure families to sell quickly for liquidity. Additionally, empty properties may attract higher council tax rates and security concerns.
However, siblings can take time to explore options like rental income generation or buyout arrangements. The key is maintaining open communication and covering ongoing property costs fairly during the decision-making period.
Can Siblings Change Joint Tenancy to Tenants in Common?
Yes, siblings can change joint tenancy to tenants in common through a process called severance. Importantly, you don’t need permission from other joint tenants to sever a joint tenancy – it only requires filing a formal notice of severance with the Land Registry.
This change creates distinct ownership shares and opens options for selling individual portions or applying for court-ordered sales if needed. Many families find this structure more flexible when siblings have different goals for the inherited property.
When Should You Sell Inherited Property Quickly?
Several circumstances make quick property sales advisable:
Mortgage obligations where outstanding mortgages continue accruing interest, family disputes where prolonged disagreements damage relationships and increase costs, financial pressure when siblings need immediate access to inheritance value, property maintenance as empty properties deteriorate and require ongoing costs, and tax efficiency to minimise inheritance tax and capital gains tax liabilities.
Property Saviour specialises in situations where families need quick, guaranteed sales of inherited property. Our experienced team understands the emotional complexity of these decisions and provides supportive, efficient solutions when speed and certainty matter most.
Whether you’re dealing with sibling disagreements, financial pressures, or simply want to access your inheritance value quickly, we’re here to help with empathy and professionalism. Get in touch with Property Saviour today for a no-obligation discussion about your inherited property situation – we offer a guaranteed sale service that provides the certainty and speed you need during these challenging times.
Inherited property disputes between siblings are deeply personal and financially significant. While legal mechanisms exist to resolve deadlocks, the best outcomes come from open communication, professional guidance, and fair consideration of each family member’s needs and circumstances.
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