It starts with a phone call. Or maybe a quiet conversation after the funeral.
Mom or Dad passed away. They left the family home to you and your siblings. You want to sell it, cash out the equity, and move on with your life. Your sister agrees.
But your brother? He won’t sign.
Maybe he thinks the house is worth a million dollars (it isn’t). Maybe he’s emotionally attached to the memories. Or maybe, and we see this a lot, he’s living in the house rent-free and has no motivation to leave.
Suddenly, a blessing becomes a burden. The family text thread turns into a war zone, fueled by sibling rivalry and grief.
My wife Shayla and I have been helping with these exact disputes since 2006. We’ve sat at kitchen tables across the DFW area—from Grand Prairie to Arlington—watching families tear each other apart over real estate assets. It breaks my heart.
The question I get asked constantly is: “Neil, can I force the sale? Do we really need everyone to agree?”
Here is the honest answer.
The General Rule: Yes, You Need Consensus (Most of the Time)
In Texas, inheritance laws generally say that when multiple people inherit a property, you own it as “Tenants in Common.”
That’s a fancy legal term regarding ownership. It means you all own a slice of the pie. If there are three of you, you likely each own 33.3%.
Here is the kicker: Unless a trustee holds the title, you cannot sell 100% of the house unless 100% of the owners sign the deed.
If you put the house on the market, find a buyer, and get to the closing table, the title company will ask for signatures from all heirs. If your brother refuses to pick up the pen, the deal dies. The title company won’t issue insurance, and the buyer will walk away.
The “Independent Executor” Loophole
There is one major exception to this rule.
If your parent prioritized Estate Planning and left a Will, and that Will appointed an “Independent Executor” with the power to sell, things are different.
The Independent Executor is the captain of the ship. If the Will grants them the authority to sell real estate, they can often sign the deed without the specific consent of the other heirs. They still have a fiduciary duty to treat all beneficiaries fairly (they can’t sell it to their buddy for $1), but they don’t need your brother’s signature to close the deal.
However, this only applies if probate has been opened and the probate court has officially appointed the Executor. If you aren’t sure where you stand in the probate process, check out our guide on the Texas probate timeline.
3 Ways to Override a Sibling Who Won’t Sell
So, what if there is no Independent Executor (or court-appointed Administrator)? Or what if the Executor is the one refusing to sell?
You feel stuck. You feel held hostage by someone else’s stubbornness.
But you have options. Over the years, we’ve helped dozens of families in Saginaw and Fort Worth break this deadlock. Here are the three paths you can take.
Option 1: The Buyout (Owelty Deed)
If one heir wants to keep the house, they should buy the others out. Fair is fair.
If the house is worth $300,000 and there are three heirs, the sibling who wants to keep it needs to come up with $200,000 to pay the other two.
In Texas, we use something called an Owelty Deed. This allows the sibling to refinance the house, use the equity to pay you cash, and transfer the title into their name solely. It’s a clean break.
Option 2: The Partition Lawsuit (The Nuclear Option)
If your sibling won’t buy you out and won’t agree to sell, you can force their hand.
Under Texas Property Code Chapter 23, any co-owner has the absolute right to force a “partition.” These lawsuits are often called partition actions. Basically, you sue your siblings.
The court will look at the property. Since you can’t cut a house in half, the judge will order the house to be sold.
But here is the warning I give every family: This is the worst way to sell a house.
- It takes months (or years).
- It costs a fortune. The lawyers get paid first.
- The house sells for less. It usually goes to a sheriff’s auction, getting far less than market value.
You could try hiring a Mediator first, but if that fails and you go to court, the lawyers might take $10,000 or more of the inheritance by the time the dust settles. We try to help families avoid this at all costs.
Option 3: The Cash Out (The “Win-Win”)
This is usually the best route for families who are fighting.
You sell the house to a third-party investor (like Four 19 Properties). We handle the heavy lifting.
We agree on a price. We send the contract to the title company. At closing, the title company cuts separate checks to each heir. You don’t have to trust your brother to pay you. You get your share directly, he gets his, and the house is sold.
If the house is in bad shape or stuck in the legal process, we can often help you sell a house in probate in Texas faster than a traditional realtor can list it.
The “Freeloader” Problem: Who Pays the Taxes While You Fight?
This is the most common scenario we see.
Mom passes away. Brother Bob was living with her to “take care of her.” Now that she’s gone, Bob is still there. He isn’t paying rent. He isn’t paying the mortgage. And he certainly isn’t paying the property taxes.
Meanwhile, you are getting the tax bills in the mail.
Here is the hard truth: The county does not care who lives there. They can foreclose on the property for unpaid taxes regardless of which sibling is sleeping in the master bedroom.
If you are paying the taxes to protect your inheritance while a sibling lives there for free, you are losing money every single day. The longer you wait, the more your inheritance shrinks.
You have legal rights. You can demand rent. You can evict. But evicting a family member is painful.
Often, the best leverage you have is the tax bill itself. Reminding your sibling that the house will be lost to foreclosure if it isn’t sold can sometimes be the reality check they need. (For more on the rules of occupancy, read: Can You Live in a House in Probate).
Can I Sell Just My Share? (Selling Partial Interest)
This is a question most people don’t know to ask.
“Neil, I’m done fighting. I just want out. Can I sell my 50%?”
Yes.
In Texas, you can sell your “undivided interest” in a property. You do not need your siblings’ permission to sell your own share.
Now, you can’t sell it on the open market easily. A family looking for a home doesn’t want to buy 50% of a house and move in with your grumpy brother.
But as investors, we can buy it.
We can buy your 50% interest. We pay you cash. You walk away. You are done with the drama.
Then, we become partners with your brother. We step into your shoes. Usually, once the difficult sibling realizes they are now partners with a real estate company instead of their family, they become much more willing to negotiate a final sale of the whole property.
It’s an aggressive move, but sometimes it is the only way to free yourself from a toxic situation.
Handling “Heirship” Properties (No Will? No Problem)
Another reason families get stuck is that they think they can’t sell because Mom or Dad never left a Will.
They think they have to go through a massive, expensive court battle to prove who owns the house.
That isn’t always true. Whether it is a suburban home or a family farm, we specialize in Affidavits of Heirship. This is a legal document, recorded in the county records, that tells the world who the heirs are.
If you have a straightforward family tree, our title officers can often prepare this for you. We often cover the costs of this process when we buy your home.
You don’t need to spend thousands on a probate attorney just to get permission to sell.
Conclusion: How to End the Feud & Get Your Cash
Real estate is just dirt and sticks. It is not worth losing your family over.
I’ve seen siblings stop speaking to each other for decades over a $100,000 house. It’s tragic.
If you are stuck in a gridlock with heirs who won’t agree, you need an outside perspective. You need someone who isn’t emotionally involved to look at the numbers and offer a solution.
Shayla and I built this business on the verse Matthew 4:19. We are here to serve people first.
If we can buy your house and get everyone their fair share of the cash – great. If we can help you structure a buyout so your brother keeps the home—great. If we can buy just your share so you can move on—great.
We just want to help you find a resolution.
Don’t let the house sit there and rot while the taxes pile up. Call us. Let’s look at the situation together and find a way to get everyone to the closing table.