Detailed Answer

Quick summary: Yes—there are several ways for heirs to keep an inherited house without immediately selling it. Typical options include buying out the other heirs, entering a co‑ownership agreement (including renting the property and sharing income), refinancing or assuming a mortgage, or asking the court to allow a partition in kind instead of a sale. If heirs cannot agree, a Delaware court may order a partition by sale. This page explains how these options usually work under Delaware law and what steps to take next.

Disclaimer: This is general information, not legal advice. Consult a licensed Delaware attorney about your specific situation.

How ownership among heirs typically works

When someone dies owning real property that passes to multiple heirs, those heirs usually hold the property together as co‑owners (commonly as tenants in common). Each heir owns a share that can be sold, mortgaged, or transferred, but practical control and use of the property depend on agreements among co‑owners or court action.

Common legal options to keep the house

1. Buy out the other heirs

   One heir (or a third party acting on behalf of one heir) can pay the other heirs cash or a promissory note equal to their shares (generally based on market value). Steps typically include:

   • Order a professional appraisal to establish fair market value.
   • Obtain title work to confirm how title will vest after probate or transfer.
   • Arrange financing (refinance the property in the buying heir’s name, or have the buying heir obtain a mortgage to pay the others).
   • Record a deed transferring the other heirs’ shares to the buyer once payment closes.

   This is often the cleanest way to avoid future disputes, but it requires cash or qualifying for a mortgage.

2. Agree to co‑own under a written agreement

   Heirs can remain co‑owners and create a written co‑ownership agreement that covers:

   • Who lives in or manages the property
   • How expenses, taxes, repairs, and improvements are shared
   • How rental income is divided if the property is rented
   • What happens if one heir wants to sell later (buy‑sell provisions, rights of first refusal)

   A well-drafted agreement reduces the chance of disputes and can postpone or avoid a court‑ordered sale.

3. Refinance or assume mortgage

   If the house has a mortgage, one heir may refinance the loan solely in their name or assume the mortgage (if the lender allows). Refinancing lets that heir remove other heirs’ liability and provide funds to buy them out.

4. Form an entity (LLC) or rent and share income

   Co‑owners sometimes transfer the property into an LLC or partnership they control and spell out ownership percentages and management rules. Alternatively, heirs can rent the house and divide net rental income—useful if the intent is to keep the asset as an investment.

5. Seek a partition in kind (divide property) or a partition by sale

   If heirs cannot reach agreement, any co‑owner can ask a court to partition the property. In Delaware the court system handles partition and related disputes (see Delaware Courts: Superior Court). A judge may:

   • Order partition in kind (physically divide land) if feasible (rare for single houses on one lot).
   • Order partition by sale when in‑kind division is impractical; proceeds are split by ownership shares.

   Because partition by sale forces a sale, heirs who want to keep the house typically try to negotiate a buyout or agreement first.

6. Use the probate process or estate tools

   If title still rests in the decedent’s name, the executor or administrator will handle distribution under Delaware probate law. For information on Delaware probate and decedents’ estates, see Title 25 of the Delaware Code: https://delcode.delaware.gov/title25/. Proper probate administration is often a prerequisite to transferring or refinancing the property.

Practical steps to take right away

1. Identify how title currently stands (joint tenants, tenants in common, or still under the decedent’s name).
2. Get a professional appraisal to establish fair market value.
3. Order a title search to find liens, mortgages, or other claims.
4. Discuss goals with the other heirs—attempt a written agreement or buy‑out proposal.
5. If you cannot agree, consult a Delaware real estate or probate attorney about negotiation, refinancing, or the likely outcome of a partition action in Delaware’s courts: https://courts.delaware.gov/superior/.

How Delaware law fits in

Delaware’s probate and estate statutes (Title 25) govern how property passes on death and what the executor or administrator must do to transfer title: https://delcode.delaware.gov/title25/. Partition and other real property disputes are matters for Delaware’s courts (see the Superior Court pages for civil actions): https://courts.delaware.gov/superior/. If a partition action becomes necessary, the court follows Delaware civil procedure and equity principles to determine whether a property can be divided or must be sold.

Hypothetical example

Three adult siblings inherit a single‑family home as tenants in common. One sibling wants to live in the house and keep it. The siblings obtain an appraisal showing the home’s market value is $300,000. The staying sibling arranges a refinance for $200,000, uses $100,000 in cash (or a combination of loan and cash) to pay each of the other two siblings $50,000 for their shares, records new title in his name, and executes a written agreement to assume all future taxes and maintenance costs. That avoids court and preserves the house for the sibling who wishes to keep it.

When you need a lawyer

Consult a Delaware attorney if any of the following applies:

• Heirs disagree and talks break down;
• There are liens, mortgages, or tax issues;
• Probate is incomplete and title remains unclear;
• You need help structuring a buyout, co‑ownership agreement, or an entity to hold the property;
• A partition action is filed or threatened.

Helpful Hints

• Get an independent appraisal before negotiating a buyout; an accurate value prevents future disputes.
• Put agreements in writing—oral promises are hard to enforce and can cause litigation later.
• Check for mortgage acceleration clauses; paying off or refinancing the mortgage may be necessary to remove other heirs’ liability.
• Consider tax consequences (capital gains, stepped‑up basis) and consult a tax advisor if the amounts involved are significant.
• If one heir cannot pay to buy others out immediately, consider seller financing with a written promissory note secured by the property.
• If you expect a dispute, preserve communication in writing and keep records of payments, repairs, and expenses.
• For questions about probate administration in Delaware, review Title 25 of the Delaware Code: https://delcode.delaware.gov/title25/.
• For partition or civil procedure questions, see the Delaware Superior Court information: https://courts.delaware.gov/superior/.

If you’d like, I can outline a sample buyout offer letter, a checklist of documents to gather, or a list of questions to ask a Delaware probate or real estate attorney.