Short answer: Often yes. When several heirs inherit a house together, they can keep the property instead of selling it if they reach an agreement — for example by one or more heirs buying out the others, by continuing co-ownership under a written plan, or by converting ownership to an entity such as an LLC. If they cannot agree, however, any co-owner may ask a West Virginia circuit court to force a sale through a partition action.

How ownership typically works after an owner dies

When someone dies owning real estate, ownership usually passes to heirs or beneficiaries through a will or by state intestacy rules if there is no valid will. Unless property passes to a single person, multiple heirs commonly end up as co-owners (most often as tenants in common). Each co-owner has an ownership share and the right to possession, but no single co-owner can unilaterally force the others to keep or sell the property without legal process.

Common options to keep the house together

• Buyout: One or more heirs pay the other heirs their share (often based on a current market appraisal). A buyout ends shared ownership and gives the buyer sole title.
• Co-ownership agreement: Heirs sign a written agreement that allocates responsibilities (mortgage, taxes, maintenance), sets rules for occupancy or rental, and establishes how and when a sale or buyout can occur. Clear rules reduce conflict.
• Partition in kind or delayed sale: If the property can be physically divided, the court may award portions to different owners (rare for single-family homes). More commonly, the parties agree to delay sale while one or more heirs manage or rent the property under written terms.
• Entity ownership (LLC or trust): Transferring the property into a family LLC or trust can centralize management and create rules for transfers and buyouts among heirs. This typically requires formal paperwork and possible tax planning.
• Occupancy agreements: Heirs who live in the property can pay other owners fair rent or compensation to offset the non-occupying owners’ interest, documented in writing.

What if heirs cannot agree?

If co-owners can’t reach a voluntary deal, any co-owner may file a partition action in the West Virginia circuit court asking the court to divide the property (partition in kind) or order its sale (partition by sale). Courts prefer physical division only when it is practical; otherwise they typically order a public sale and divide proceeds proportionally after liens and costs are paid. Because litigation can be costly and slow, courts and parties often negotiate a buyout or settlement before a sale occurs.

For general information about West Virginia courts and procedures, see the West Virginia Judiciary site: https://www.courtswv.gov. For the West Virginia Code (statutes) consult: https://code.wvlegislature.gov.

Practical steps to try to keep the house

1. Confirm ownership: get the deed, the will (if any), and the probate or estate documents showing how title transfers.
2. Get a professional appraisal or comparative market analysis so everyone understands value.
3. Gather mortgage, tax, insurance, and maintenance cost statements.
4. Discuss and document options (buyout numbers, payment terms, co-ownership rules, rental management, or formation of an LLC).
5. If you agree, record any new deed or entity paperwork properly with the county clerk and update title insurance and insurance policies.
6. If you cannot reach agreement, consult an attorney about potential partition and whether mediation or negotiation is a cost-effective alternative.

Costs, taxes, and other considerations

• Buyouts require cash or financing; heirs may obtain a refinance or new mortgage to purchase their co-owners’ shares.
• Continuing co-ownership means shared liability for mortgage, taxes, insurance, and repairs. Missed payments by one owner can cause liens or foreclosure.
• Transferring property into an LLC or trust can have tax and mortgage consequences—get tax and legal advice before transferring title.
• Court-ordered partition involves filing fees, attorney fees, appraisals, and possible sale costs; net proceeds divide by ownership share after liens are paid.

When to get help from a West Virginia attorney

Talk with a West Virginia real estate or probate attorney if you need: help interpreting a will or intestacy rules, drafting a buyout or co-ownership agreement, forming an LLC or trust to hold the property, negotiating among heirs, or defending or pursuing a partition action in circuit court. An attorney can explain how local rules and county procedures affect timing and costs.

Relevant resources: West Virginia Code and the West Virginia Judiciary (for court filing and local circuit court contact information) are available at https://code.wvlegislature.gov and https://www.courtswv.gov.

Disclaimer: This article is educational only and does not constitute legal advice. For advice about your specific situation, consult a licensed West Virginia attorney.

Helpful Hints

• Start with documents: death certificate, will, deed, mortgage statements, tax bills, and homeowners insurance—collect these before negotiations.
• Get an independent appraisal so buyout offers are fair and supported by evidence.
• Consider mediation—neutral mediators often keep families out of court and preserve relationships.
• If you plan a buyout, explore refinancing options early to confirm how much cash a buyer can raise.
• Put any agreement in writing and record deeds or entity transfers with the county clerk to protect title and avoid future disputes.
• Be mindful of deadlines: probate or estate administration, mortgage and tax deadlines, and local court filing rules can affect options.
• Talk to a West Virginia real estate or probate attorney before transferring title or forming an entity to avoid unintended tax or mortgage consequences.