How can I force the sale of a house I co-own with my sibling who keeps changing his mind? - Pennsylvania
The Short Answer
In Pennsylvania, if you and your sibling co-own a house and cannot agree on whether to sell, you may be able to ask the court to order a sale and divide the proceeds—especially when the property is tied to an estate or inherited ownership. The right approach depends on how you took title (for example, as heirs, tenants in common, or through an estate) and whether Orphans’ Court has jurisdiction.
What Pennsylvania Law Says
When co-owners are deadlocked, Pennsylvania courts can step in to resolve disputes involving real estate interests—particularly in estate-related situations where the property cannot be practically managed or transferred without court involvement. If the home is part of a decedent’s estate (or the title is otherwise difficult to convey because of legal limitations or competing interests), the court may have authority to approve a sale or other relief to break the impasse.
The Statute
The primary law governing court authority to authorize a sale of real property in certain situations is 20 Pa.C.S. § 8301.
This statute establishes that the Pennsylvania Court of Common Pleas (through the appropriate division) may authorize the sale (and related relief) involving real property in specified circumstances where title or conveyance is legally complicated or otherwise inalienable.
If the property is inherited and the ownership/title situation is still being sorted out through the estate, a related tool can be an Orphans’ Court petition to establish title to a decedent’s real estate under 20 Pa.C.S. § 3546, which can be relevant before a sale can realistically move forward.
For more background on sibling/heir disputes over an inherited home, you may find this helpful: Can One Heir Live in an Inherited Home While Another Heir Wants to Sell in Pennsylvania?.
Why You Should Speak with an Attorney
While Pennsylvania law provides ways to get court involvement, applying those rules to a co-owned house dispute is rarely simple. Legal outcomes often depend on:
- Which court has jurisdiction: Some disputes belong in Orphans’ Court (estate-related title/sale issues), while others belong in Civil Court (co-owner disputes). Filing in the wrong place can cause expensive delays.
- How title is held: Whether you are tenants in common, joint tenants, heirs with unresolved title, or dealing with an estate fiduciary can change what remedies are available and what must be proven.
- Financial offsets and claims: Disputes often involve credits for mortgage payments, taxes, insurance, repairs, occupancy/use of the home, or alleged agreements between siblings—issues that can materially change the final distribution.
Trying to force a sale without counsel can lead to procedural missteps, avoidable litigation, or a result that does not fairly account for contributions and expenses.
If this situation involves an inherited property, you may also want to read: What Rights Do Tenants in Common Have to Use and Access Jointly Owned Property in Pennsylvania?.
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.