Can multiple heirs keep the family home instead of selling it?

Short answer: Yes — often heirs can keep a house, but keeping it requires cooperation, clear agreements, and attention to Virginia probate and property rules. If one heir wants to keep the home and others don’t, a co-owner can sometimes force a sale through a partition action. Understanding your options, costs, and risks will help you decide the best path.

Detailed answer — how this works under Virginia law

When someone dies owning real estate without transferring it into a trust or joint ownership that avoids probate, the property usually passes to heirs through the estate process. In Virginia, heirs who inherit real estate typically become co-owners — most commonly as tenants in common — with each heir owning an undivided fractional share. See Virginia Code Title 64.2 (Decedents, Estates and Fiduciaries) for rules on inheritance and probate: https://law.lis.virginia.gov/vacode/title64.2/.

Key practical points:

Co-ownership creates shared rights and obligations. Each heir has a legal right to possess the whole property (not just a physical portion) and share in expenses, rents, taxes, and mortgage obligations proportionally.
Any co-owner can ask the court to divide or sell the property. Under Virginia civil procedure, a co-owner who cannot agree with the others may file a partition action in court. The court can order a partition in kind (dividing the land into physical parcels) when practicable, or more commonly for a single house, order the property sold and the proceeds divided among owners. See Virginia Code Title 8.01 (Civil Remedies and Procedure) for statutes governing partition actions: https://law.lis.virginia.gov/vacode/title8.01/.
Keeping the house requires an agreement or a buyout. If heirs want to keep the home rather than sell it, they can reach a written agreement where one or more heirs buy out the others’ shares, refinance the mortgage into the buyer’s name, or compensate other heirs in cash or other property.

Practical options to keep the house

Agree on a buyout. Heirs can obtain an appraisal to determine fair market value. The heir who wants the house pays each other heir their share (based on ownership percentage) either in cash or by refinancing the property and taking on the mortgage. Typical steps include: obtain appraisal, agree on price, have the buyer refinance or pay cash, execute deeds that transfer the sellers’ shares, and record the deed.
Create a co-ownership agreement. Heirs can remain co-owners but enter into a written agreement that covers who pays expenses, who lives in the home, how repairs and taxes are handled, and how and when the property will be sold in the future. This reduces conflict and creates enforceable rules between the parties.
One heir buys others with non-cash consideration. Instead of cash, heirs can be compensated with other assets from the estate, a promissory note, or a life estate arrangement where a sibling retains the right to live in the home for life in exchange for a reduced share of sale proceeds later.
Partition in kind (rare for a single house). If the property can be physically divided (often not possible with a single family house on one lot), the court may divide the land. This is less common when heirs each want the same house.
Avoiding a court-ordered sale. If heirs can’t agree, any one heir may file for partition, and the court can order sale. To avoid losing control, heirs should document agreements and act quickly to negotiate buyouts or co-ownership terms.

Common complications to plan for

Mortgages and liens: If the decedent had a mortgage, the loan must be addressed. A lender may require payoff on refinance or allow assumption only under certain conditions. Liens and unpaid taxes can complicate transfers.
Costs: Appraisals, closing costs, taxes, and legal fees can make buyouts expensive. A court partition action also creates court costs and attorney’s fees.
Taxes: Basis, capital gains, and gift or estate tax consequences vary with how the transfer is structured. Consider tax advice for complex situations.
Occupancy credits: If one heir has already been living in and maintaining the property, a co-owner agreement or buyout can account for an occupancy credit so the occupancy is fairly valued.

Step-by-step checklist: I want to keep the house — what should I do now?

Confirm ownership and how title is held: check the deed, probate filings, and whether the house passed by will, intestacy, or trust.
Get a professional market appraisal to set a fair value.
Talk to the other heirs early — explore buyout numbers or co-ownership terms in writing.
Speak with a lender about refinance options if you need financing for a buyout.
Consider a written settlement agreement (or partition agreement) that covers payment terms, responsibility for taxes and upkeep, and dispute-resolution methods.
If heirs cannot agree, understand that any co-owner can file a partition action in court; consult an attorney promptly to assess risks.

Where to find the laws and forms

Relevant Virginia statutes include the provisions on estates, probate, and co-owner partition actions. Useful places to read the statutes and related rules:

Virginia Code — Title 64.2 (Decedents, Estates and Fiduciaries): https://law.lis.virginia.gov/vacode/title64.2/
Virginia Code — Title 8.01 (Civil Remedies and Procedure) for partition actions and court procedures: https://law.lis.virginia.gov/vacode/title8.01/
Virginia Judicial System (court information and local court contacts): https://www.vacourts.gov/

Helpful hints

Get an appraisal early. A neutral valuation prevents later disputes about price.
Put any agreement in writing and record deeds promptly to update title records.
If you plan to refinance, talk to multiple lenders — loan terms can vary widely.
Consider mediation if heirs disagree. Mediators focused on family/property disputes can preserve relationships and often cost less than litigation.
Keep detailed expense records for maintenance, taxes, and improvements — these can affect buyout calculations or credits in a partition.
Consult both a probate/estate attorney and a tax advisor for complex estates or high-value properties.

Bottom line: It is usually possible for heirs to keep a house, but only with cooperation or by compensating other heirs for their shares. If agreement cannot be reached, any co-owner may ask a Virginia court to partition (and likely sell) the property. Taking early steps — appraisal, written agreements, and timely legal or financial advice — gives you the best chance to keep the home on reasonable terms.

Disclaimer: This article explains general Virginia law and common options but is not legal advice. Your situation may involve facts and local rules that affect outcomes. For advice about a specific case, consult a licensed Virginia attorney experienced in probate and real estate.