How to Resolve Inherited Property Disputes Among Siblings

When parents pass away, their home or land often holds deep sentimental and financial value. Unfortunately, that same property can become the source of bitter conflict among siblings—especially when one wants to sell, another wants to keep it, and others disagree on what’s fair.  Inherited property disputes are common, but they don’t have to destroy family relationships. Here’s what you should know—and what legal options exist under Tennessee law to resolve them peacefully and effectively.

Common Reasons Siblings Disagree Over Inherited Property

Even close families can find themselves in conflict when inheritance and real estate are involved. Some common disputes include:

• One sibling wants to sell, others want to keep the property.

• Unequal financial contributions toward taxes, insurance, or upkeep.

• One sibling living in the home rent-free while others get no benefit.

• Disagreements over fair market value or sale price.

• Claims of “undue influence” or a contested will that changed property shares late in life.

  
  

1. Clarify Who Actually Owns the Property

The first step is understanding how title is held. In Tennessee, siblings usually inherit as tenants in common, meaning each has an undivided interest in the whole property—not a specific room or portion.  You can confirm ownership by checking the deed or probate order recorded with the county register of deeds. If the estate is still open, the executor or administrator may still control the property temporarily.  When in doubt confirm with an attorney.

2. Try to Reach an Agreement Outside of Court

Before going to court, it’s worth exploring mediation or voluntary buyouts.  A buyout agreement among siblings based on an agreed appraisal price can resolve many disputes before significant expenses are devoted towards the issue.  Selling the property to a third party and merely splitting the sales proceeds is often the best solution.  On another hand, perhaps all involved wish to become landlords and simply split the rent.  Reaching an agreement privately usually saves money, preserves family relationships, and avoids the forced-sale results that courts often impose.

3. When Agreement Fails — Partition Actions in Tennessee

If no agreement can be reached, any co-owner can file a partition action under Tenn. Code Ann. § 29-27-101 et seq.  A partition action allows the court to either divide the property physically (if possible) among the owners, or order a sale and distribute the proceeds fairly.  In most cases involving a single home or small tract, physical division isn’t practical—so the court orders a partition sale, often through a clerk and master’s auction or private sale supervised by the court.  The proceeds are then distributed after accounting for each sibling’s contributions toward taxes, maintenance, insurance, and any exclusive use of the property.

4. Addressing Misuse or Mismanagement

If one sibling is acting as executor of an estate or managing the property but not being transparent—or is living in it rent-free without compensating the others—the others may have claims for an accounting of estate or property income, contribution or reimbursement for unequal expenses, or removal of an executor under Tenn. Code Ann. § 35-15-706 for breach of fiduciary duty (if a trust or estate is involved).  A court can compel fair accounting and adjust the final distribution accordingly.

5. Preventing Future Disputes

The best way to avoid sibling property conflicts is through clear estate planning.  Parents can specify in their will or trust whether the home should be sold or who should have first right to buy it.  Use of a neutral trustee or executor can help keep decisions objective.  Setting up a trust to own the property can often simplify management and future sales.  Proactive planning can prevent years of family tension and costly litigation.

6. When to Get Legal Help

If you’ve reached a standstill with your siblings or believe one is mishandling inherited property, consulting an attorney is essential. Our office can:

• Review title and ownership documents,

• Negotiate or mediate a settlement,

• File or defend a partition action, and

• Protect your interests during sale or division.

  
  

Timely legal advice can often transform a family dispute into a workable resolution.  Disagreements over inherited property are painful but solvable. Whether through negotiation, mediation, or court action, Tennessee law provides ways to ensure every sibling’s rights are protected.  If you’re struggling with a family property dispute, our office can help you navigate your options and find the most practical, fair outcome.