Last updated on June 25th, 2025 at 05:29 am
Co-ownership of a home is very common. There are many cases and situations where the property was left to one or more heirs.
Joint ownership relieves owners of the financial strain of house maintenance, repair costs, and other bills.
When the owners decide to sell the house, the process may be confounded by owners who refuse to agree to the terms of sale.
In the case of joint ownership, some partners may be doing better financially than others and thus may not be as eager to sell as their less liquid counterparts.
Decisions will need to be made among family members.
6 Steps to Sell a Home with Multiple Owners
A comprehensive guide to navigating complex property sales
Get All Owners to Agree
Every owner must consent to the sale. This includes agreeing on price range, timeline, and terms.
- Document all agreements in writing
- Set realistic expectations together
- Consider mediation if needed
Understand Your Ownership Structure
Most multi-owner properties operate under “Tenancy in Common” with unequal shares and no automatic inheritance rights.
- Determine each owner’s percentage
- Clarify expense responsibilities
- Review existing agreements
Hire One Qualified Real Estate Agent
Choose one agent to represent all owners equally to prevent conflicts and ensure consistent representation.
- Look for multi-owner experience
- Avoid biased recommendations
- Ensure they understand partition laws
Determine Costs & Responsibilities
Establish who pays for what before listing. Document all agreements to prevent disputes.
- Real estate commissions (5-6%)
- Repairs and staging costs
- Ongoing utilities and taxes
Get Professional Appraisal
An objective appraisal prevents disputes over property value and ensures fair distribution of proceeds.
- Provides unbiased market value
- Helps set realistic asking price
- Consider second appraisal if disputed
Negotiate Offers & Divide Proceeds
All owners must agree on offers. Distribution reflects ownership percentages minus all selling expenses.
- Document all offers in writing
- Compare terms, not just price
- Account for capital gains tax
💡 Key Takeaway
Multi-owner property sales require clear communication, professional guidance, and patience. With proper planning and documentation, you can successfully navigate this complex process while protecting everyone’s interests.
Frequently Asked Questions
Common questions about selling homes with multiple owners
If a co-owner refuses to sell and no prior agreement exists, you have several options:
- Negotiate: Try mediation or offer to buy out their share
- Partition lawsuit: Force the sale through court (expensive and time-consuming)
- Wait: Continue discussions until agreement is reached
Proceeds are typically divided based on each owner’s percentage of ownership, but several factors affect the final distribution:
- Original ownership percentages (may be unequal)
- Who paid for property taxes, insurance, and maintenance
- Any improvements made by individual owners
- Outstanding mortgages or liens
All selling expenses (commissions, closing costs, etc.) are deducted before distribution.
No, you should hire one agent to represent all owners equally. This approach:
- Prevents conflicts and miscommunication
- Ensures consistent marketing and pricing strategy
- Reduces confusion for potential buyers
- Typically results in lower overall commission costs
Selling a property in probate requires additional steps and court approval:
- Court approval required: All sales must be approved by the probate court
- Extended timeline: Process typically takes 45-60 days minimum
- Additional costs: Legal fees, court costs, and ongoing property expenses
- Documentation: Extensive paperwork and legal filings required
Consider hiring an attorney experienced in probate sales to navigate this complex process.
This should be agreed upon in writing before any work begins. Common approaches include:
- Proportional to ownership: Each owner pays based on their ownership percentage
- Equal split: All owners contribute equally regardless of ownership share
- Advance and reimburse: One owner pays upfront, others reimburse at closing
Timeline varies significantly based on cooperation and circumstances:
- All owners agree: 30-90 days (similar to typical sales)
- Minor disagreements: 3-6 months with mediation
- Major disputes: 6 months to 2+ years if legal action required
- Probate properties: Add 45-60 days minimum for court approval
The key factor is getting all owners aligned on goals, pricing, and timeline early in the process.
Each owner reports their portion of gains or losses individually:
- Capital gains tax: May apply based on property appreciation and ownership duration
- Primary residence exemption: Up to $250,000 ($500,000 for married couples) if property was primary residence
- Inherited property: May receive “stepped-up basis” reducing tax liability
- Investment property: Different tax rules and depreciation recapture may apply
In most tenancy in common situations, owners can sell their individual share, but:
- Buyer limitations: Few buyers want partial ownership of a property
- Reduced value: Partial shares typically sell for less than proportional value
- Right of first refusal: Other owners may have contractual rights to purchase first
- Practical challenges: New co-owner relationships can be problematic
Selling the entire property together usually yields better results for everyone involved.