Can multiple heirs keep an inherited house instead of selling it?

Short answer: Yes — but only if the co-owners (the heirs) reach an agreement that makes keeping the house practical. If they cannot agree, one or more heirs can ask a court to force a sale through a partition action. This article explains the common ways heirs keep a house in North Dakota, the court’s role if heirs disagree, and practical steps to protect your interests.

How to start: identify how the house is owned

Before deciding how to keep the property, you must know how title passed:

If title was held jointly with right of survivorship, the surviving joint owner(s) typically keep full title without probate.
If the house passed by a will or through intestacy, the heirs may own the house as tenants in common after probate. Tenancy in common lets each heir own a share that they can sell, gift, or bequeath.

Probate and intestate succession rules in North Dakota are in the North Dakota Century Code, Title 30.1 (Probate). See the North Dakota Century Code for more on probate: https://www.legis.nd.gov/cencode/t30.1.

Primary ways heirs can keep the house

1) Buyout by one or more heirs

One or more heirs buy the other heir(s) out. Typical process:

Obtain a professional appraisal to set fair market value.
Determine each heir’s percentage ownership and the buyout price for each share.
Finance the buyout (cash, mortgage refinance, or seller-financing arrangement among heirs).

This is often the cleanest solution when one or two heirs want to keep the property and others want cash.

2) Co-ownership with a written agreement

Heirs may keep the house jointly by signing a co-ownership or joint-ownership agreement. Items to cover:

Who pays mortgage, taxes, insurance, and maintenance;
How rental income and expenses are divided;
Rules for occupancy, sale, or transfer of a share; and
Dispute resolution (mediation/arbitration) and a buyout formula.

Put terms in writing and record any new deed or agreement as needed to protect everyone’s rights.

3) Occupancy agreement or life estate

An heir may receive the right to live in the property (a life estate or occupancy agreement) while other heirs hold remainder interests or receive compensation. This can preserve the home for a surviving family member while allowing others to receive value later.

4) Rent the property

If heirs cannot live in the house but want to hold it, renting can cover mortgage and taxes while giving heirs time to decide. Create a clear arrangement about how rental income and repairs are handled.

When heirs can’t agree: partition actions in North Dakota

If co-owners cannot reach an agreement, any owner may file a partition action in district court. A partition action forces a judicial division of the property or a sale. North Dakota law provides for partition remedies available in property law; see North Dakota Century Code, Title 32 (Property): https://www.legis.nd.gov/cencode/t32.

What the court can do:

Order a partition in kind (physically divide the land) when it is practical without unfairly harming property value;
If physical division is impractical or would substantially reduce value, order a sale and divide the net sale proceeds among the owners according to their ownership shares;
Appoint commissioners or referees to value and divide property or oversee sale;
Allocate costs, liens, and credits (like improvements or payments made by one co-owner).

A partition sale usually removes the property from family hands. Because courts can order a sale when division is impractical, heirs who want to keep a house should try to reach a negotiated solution first.

Practical steps for heirs who want to keep the house

Confirm title and how the house passed (joint title, probate, or trust). You can review the deed at the county recorder or consult the probate file.
Get a current professional appraisal or broker price opinion so everyone has the same valuation baseline.
Estimate carrying costs (mortgage, insurance, taxes, repairs, utilities).
Explore financing options for a buyout (refinance in one heir’s name, new mortgage, or third‑party loan).
Draft a written co-ownership or occupancy agreement that covers payments, use, and a buyout formula or exit plan.
If negotiations stall, consider mediation before filing a court action; North Dakota courts provide self-help information and resources: https://www.ndcourts.gov/legal-self-help.

Costs, timing, and tax considerations

Preserving the house often requires money (to cover taxes, upkeep, and buyouts). Consider:

Transaction costs: appraisal, attorney fees, recording fees, and mortgage costs.
Taxes: capital gains tax on a later sale, potential step-up in basis at death, and property taxes while held.
Timing: resolving ownership by agreement can take weeks to months; a contested partition action can take many months or longer if appeals occur.

When to talk to an attorney

Get a lawyer’s help if:

Heirs cannot agree about use, sale, or division;
Title or beneficiary questions arise (wills, joint tenancy vs tenancy in common, trust issues);
There are significant debts, liens, or a mortgage on the property; or
You plan a buyout, refinance, or other transaction that affects ownership.

An attorney experienced in North Dakota real estate and probate can draft agreements, negotiate buyouts, or handle partition litigation in district court.

Helpful Hints

Document everything. Get agreements in writing and record deeds or liens when appropriate.
Get an independent appraisal so all heirs accept the same market value.
Consider mediation before litigation — it can save time and preserve family relationships.
Keep the house insured and current on taxes while you decide — missed payments can trigger foreclosure or liens.
Explore refinancing options early if one heir intends to buy out others; lenders will review credit and income and may require clear title.
Be realistic about ongoing costs. Even if you keep the house, maintenance and taxes can be a long-term burden.

Resources:

North Dakota Century Code — Title 32 (Property): https://www.legis.nd.gov/cencode/t32
North Dakota Century Code — Title 30.1 (Probate): https://www.legis.nd.gov/cencode/t30.1
North Dakota Courts — Legal Self-Help: https://www.ndcourts.gov/legal-self-help

Disclaimer: I am not a lawyer. This article explains general North Dakota law and common options for heirs who share ownership of a house. It does not provide legal advice for your specific situation. For advice about your rights and next steps, consult a licensed North Dakota attorney.