Short answer

If you inherit real property in Delaware together with one or more heirs and one heir lives on the property but refuses to move or sell, you have several remedies. You can try to negotiate a buyout or rental arrangement, and if negotiation fails you can ask the court to force a division of the property (a partition action). A Delaware court can order the property divided if practical or sold and the sale proceeds shared among the owners. The court can also address rent, expenses, and certain damages stemming from occupation or waste.

Detailed answer — what Delaware law allows

1. Ownership and the right to possess

When multiple people inherit property, they usually become co‑owners (often as tenants in common). Each co‑owner has an equal right to possess the entire property, but that right does not allow one co‑owner to permanently exclude the others. If one occupant refuses to cooperate, the other owners can take legal steps to resolve the dispute.

2. Negotiation and non‑litigation options

• Buyout: One or more co‑owners can offer to buy the occupying co‑owner’s share at fair market value (often after getting an appraisal).
• Lease or rent arrangement: Owners can agree that the occupant pays rent or reimburses expenses (utilities, taxes, insurance).
• Partition by agreement: Owners can sign a written agreement dividing the property or selling it and splitting proceeds.
• Mediation: A neutral mediator can help reach a settlement without court intervention.

3. Court remedy: partition action

If negotiation fails, the usual legal route is a partition action in Delaware Superior Court. In a partition action the court has two principal options:

1. Partition in kind — physically divide the property among the owners if this can be done fairly and without undue prejudice; or
2. Partition by sale — order the public sale of the property and divide net proceeds among the co‑owners according to their ownership shares.

Which outcome occurs depends on the property type (single house on a single lot usually leads to sale), the number of owners, the practicality of division, and the equities the court finds.

Delaware law recognizes partition as a remedy for co‑owners of real property; see Delaware’s statutes addressing real property and remedies: 25 Del. C. (Title 25) — Real and Personal Property. For court filing information, see the Delaware Courts site for the Superior Court: Delaware Superior Court.

4. Accounting for rent, expenses, and improvements

In a partition action the court can determine if the occupying co‑owner must account for “use and occupancy” (rent) to the other owners, or be credited for improvements he or she made. The court may also apportion property taxes, insurance, and necessary repairs among the owners. These equitable remedies allow the court to adjust the final distribution to reflect who benefited from or paid for the property during the dispute.

5. Injunctions, waste, and other emergency relief

If the occupant threatens or causes waste (damaging or devaluing the property), the other owners can ask the court for an injunction to stop the harmful conduct. In extreme cases the court may issue temporary relief to protect the property’s value until the partition is resolved.

6. Can an occupying co‑owner be evicted?

You generally cannot evict a co‑owner simply because that person occupies the property; eviction is for tenants or trespassers, and a co‑owner has possessory rights. However, if a court orders partition by sale or otherwise changes possession rights, the court’s order can lead to removal if the occupant refuses to comply. Always follow court procedures — self‑help eviction is risky and may expose you to liability.

7. Timeline and likely costs

Negotiation or mediation can take weeks to months. A contested partition lawsuit typically takes several months to more than a year depending on complexity, court schedules, and disputes over valuation, rent, or improvements. Costs include filing fees, attorney fees, appraisal fees, and expenses of sale. Courts may allocate some costs to the losing or occupying party when fairness requires it.

8. Practical example

Suppose three siblings inherit a Wilmington house. One sibling lives there and refuses to sell or pay rent. The other two can offer to buy that sibling’s share. If offers fail, they can file a partition action in the Superior Court. The court may order the house sold at auction, pay the mortgage and sale costs, and divide the net proceeds among the three siblings according to their shares—while also adjusting for any rent or expenses the court finds appropriate.

Helpful hints — steps to take right now

• Gather documents: deed, will, probate papers, mortgage statements, tax bills, insurance policies, and any written communications among heirs.
• Get a professional valuation: an appraisal gives you a market value baseline for buyout or sale negotiations.
• Make a clear written offer: a buyout or a rental agreement in writing helps show good faith.
• Preserve evidence: document the occupant’s use of the property, any damages, and who paid which bills.
• Try mediation: it can save time and money compared with litigation.
• Consult a Delaware attorney: an attorney licensed in Delaware can explain the likely outcome, prepare a partition complaint if needed, and protect your interests in court.