What To Do If an Heir Refuses to Move Out or Agree to Sell Their Share of Inherited Property (Pennsylvania)

Short answer: In Pennsylvania, a co‑owner (including an heir) who lives in inherited property cannot simply block the other owners forever. Co‑owners have equal rights to possess the property, and a co‑owner who refuses to leave or sell can usually be forced into a court‑ordered partition or other remedies. There are steps to try first (negotiation or buyout), and legal remedies (partition action, ejectment, accounting for rent and profits, injunctive relief) if those fail.

Detailed answer — how this usually works under Pennsylvania law

1. Who owns the property?

When someone dies and property passes to heirs (by will or intestacy), the heirs typically hold title as co‑owners — most commonly as tenants in common unless the deed or will says otherwise. Each co‑owner usually owns an undivided fractional share. That gives each co‑owner both:

• a right to possess the whole property (you cannot be excluded by another co‑owner just because you own a smaller share), and
• a right to seek a physical partition or sale of the property and division of proceeds.

2. Try negotiation and buyout first

Courts expect parties to try to resolve co‑ownership disputes without litigation when possible. Practical first steps:

• Gather title documents, the will (if any), probate papers, mortgage and tax records, and any written agreements.
• Obtain a current appraisal or market value estimate.
• Present a written offer to buy the occupant’s interest (a buyout) or to sell and split proceeds. Keep communications documented.

3. If negotiation fails: partition actions

If the occupant refuses to sell or move, a co‑owner can generally file a partition action in the county where the property is located. A partition action asks the court to divide the property fairly among the owners.

Two common outcomes in a Pennsylvania partition action:

1. Partition in kind: The court may physically divide the land so each owner receives a separate parcel, if a fair division is practical.
2. Partition by sale: If the court finds a fair physical division isn’t practical (for example, with a single-family house on one lot), the court will order a sale and divide the net proceeds among the owners in proportion to their ownership shares.

Partition procedures and practice are governed by Pennsylvania civil practice and court rules. See the Pennsylvania courts rules for civil procedure for guidance on partition filings and process: Pa. R.C.P. (Partition rules and related procedures).

4. What about evicting the occupant?

You cannot use “self‑help” (changing locks, shutting off utilities, or physically removing someone) if the occupant is a co‑owner. Doing so can expose you to criminal or civil liability. If the occupant is merely a trespasser (not a co‑owner), you may have a separate ejectment or unlawful detainer remedy.

When the occupant is a co‑owner, the partition process is typically the correct legal path. In limited circumstances, a co‑owner may seek an injunction or other court order to obtain exclusive possession, but those orders are fact‑specific and the court balances equitable factors before granting exclusive use.

5. Accounting for rents, profits, and expenses

If one co‑owner has been living on the property and collecting rent or excluding others from use, the court can require an accounting. That may mean the occupant pays rent or a share of profits to other owners, or the occupant’s share of proceeds is reduced by unpaid debts, taxes, or mortgage contributions made by other owners.

6. Possible defenses or complications

• Life estate or deed language: If the occupant holds a life estate, lease, or other recorded right, that changes the available remedies and timing.
• Pending probate or title disputes: If estate administration is incomplete, the court may wait or resolve issues as part of the partition or a separate probate proceeding.
• Adverse possession: Long‑term exclusive possession can sometimes lead to an adverse possession claim, but those claims require meeting strict statutory elements and long time periods. Consult an attorney if adverse‑possession is asserted.

Typical timeline and costs

A partition action usually takes several months to over a year, depending on complexity, the need for sale and real estate closing, and local court schedules. Costs include filing fees, attorney fees, appraisal, survey, advertising for sale, and court‑supervised sale costs; these are paid from sale proceeds in a partition by sale, or allocated among owners in other outcomes.

Practical steps you can take now

1. Collect documents: deed, will, death certificate, probate filings, mortgage statements, tax bills, leases, and correspondence with the occupant.
2. Get a current appraisal or broker price opinion to know market value.
3. Write a clear, documented demand offering a buyout or sale split and a reasonable deadline.
4. Talk to a real estate or probate attorney in the county where the property sits. They can evaluate whether a partition action, an accounting, an injunction, or another remedy fits best.

Where to find official Pennsylvania authority and procedural rules

• Pennsylvania Rules of Civil Procedure (procedures for civil actions, including partition practice): https://www.pacourts.us/rules-and-policy/rules-of-civil-procedure
• Pennsylvania General Assembly (search statutes and the Consolidated Statutes): https://www.legis.state.pa.us/

Helpful Hints

• Do not attempt a self‑help eviction. That can backfire. Use legal process.
• Document everything: offers, dates the occupant pays (or doesn’t pay) rent, communications, and any damage or repairs.
• Get a written appraisal before offering a buyout or demanding sale; it establishes fair market value for negotiations or court use.
• Ask the court for an accounting if you suspect the occupant has collected rent or otherwise benefited from the property to the other owners’ detriment.
• If the issue arises during probate, confirm who is the personal representative and whether the estate must be administered before clear title is available to heirs.
• Understand that partition by sale can reduce transaction costs because the court orders a sale and supervises distribution of proceeds after costs and liens are paid.
• Consult a Pennsylvania attorney experienced in real property, probate, or estate litigation for precise advice and to prepare and file any necessary pleadings in the correct county court.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, contact a licensed Pennsylvania attorney who can review the facts and applicable law.