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Not every heir wants to sell? Your options in Rhode Island

When a house goes to more than one heir, one can be ready to sell while another wants to keep it. I Buy Rhode Island Houses can buy the whole house, or in some cases just your share.

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There's no obligation, and you don't pay a commission when you sell to us.

The short answer

In Rhode Island, selling the whole inherited house takes every heir's signature or a court order, but one heir can generally sell their own share without the others signing. That's because heirs who inherit a house together each own a share of the whole property. I Buy Rhode Island Houses can make a cash offer on the whole house when the heirs agree, and in some cases we've bought one heir's share when not everyone wanted to sell.

How selling to us works when not every heir agrees

  1. Tell us who owns what

    Fill out the form or call 401-267-1400. Tell us about the house, who the heirs are and who wants to sell. If the estate is still open, tell us that too.

  2. Get a written offer

    We'll put a cash offer in writing for the whole house, or in some cases for your share alone. There's no obligation to take it.

  3. Close when the title is ready

    I Buy Rhode Island Houses closes at a Rhode Island title company or attorney's office, in as little as 7 days once the paperwork is ready or on the date you pick.

How heirs own an inherited house in Rhode Island

When two or more people inherit a house together in Rhode Island, they own it as tenants in common. Each heir owns a share of the whole property rather than a particular part of it, so one sibling can't claim the upstairs and leave the other the yard.

That's why an inheritance can stall. One sibling lives nearby and wants to keep the house, another lives out of state and wants the money, and nobody can sell the whole thing alone. When a family in that spot calls I Buy Rhode Island Houses, the first thing we sort out is who owns what.

Your options when not everyone wants to sell

Rhode Island heirs who can't agree on an inherited house generally have four ways forward:

  • Keep the house by buying the other heirs out, paying each of them for their share.
  • Sell your own share. In general, you can do that without the other heirs signing, and they keep theirs.
  • Sell the whole house together. When every heir signs, it sells as one property and the money is split by share.
  • Go to court. Any co-owner can file a partition case, and the court can divide the property or order it sold.

Your attorney can confirm which of these fits your title, and whether the estate has to finish probate first. I Buy Rhode Island Houses can make an offer on the whole house when everyone signs, or in some cases on your share alone, and a written offer gives the family a real number to weigh the other choices against.

If the co-owner isn't family

The same Rhode Island rules mostly apply when the other owner isn't a relative. When a deed names two or more people, they own the house as tenants in common unless the deed says joint tenancy, and any co-owner can ask a court to partition it. Rhode Island's new heirs' property rules for partition cases, which start in 2027, apply only when enough of the house is held within a family.

If the other owner is a spouse and you're divorcing, the Family Court has authority over the house as part of the divorce. Our page on selling a house during a divorce in Rhode Island covers that. For other co-owners, I Buy Rhode Island Houses can make a cash offer on the whole house when everyone agrees to sell.

Buying the other heirs out

A buyout keeps the house in the family. The heirs agree on a price for each share, and the heirs who are selling deed their shares to the one who's keeping the house. Rhode Island exempts a transfer from one co-owner to another from its seller disclosure law, so there's no disclosure form to fill out between siblings.

The heir who keeps the house takes it with whatever is already recorded against it, such as a mortgage or the estate tax lien, and usually needs cash or a loan to pay the others. When nobody in the family can do that, selling the whole house to I Buy Rhode Island Houses, or in some cases one heir's share, can settle things without anyone having to borrow.

Selling your share to I Buy Rhode Island Houses

Not only do we buy houses, we help people out of difficult or uncomfortable ownership situations, and a house split between heirs who disagree is one of them. In some cases, I Buy Rhode Island Houses has bought one heir's share of a Rhode Island house rather than the whole thing, which lets the heirs who want to keep the house hold onto their shares.

Whether we can buy your share depends on the house, the title and who else owns it. Call us, tell us who owns what, and we'll tell you whether buying your share is something we can do.

An offer from I Buy Rhode Island Houses for one share is usually less than that share's slice of a full retail sale of the whole house, because the buyer is getting part of a house other people still own. In exchange, you get cash for your share and you're done, without waiting for your siblings to agree. How we figure a cash offer.

When everyone agrees to sell the whole house

If every heir signs, I Buy Rhode Island Houses can make a cash offer on the whole house, and the money is split by share at closing the way your attorney sets it up. You don't have to fix or clean anything first, and in most cases the family can leave behind what nobody wants.

If the house is still in the name of the person who died, the executor or administrator usually handles the sale with authority from the will or a license from the local probate court, and I Buy Rhode Island Houses makes its offer to the executor. Our guide to selling a house in probate in Rhode Island covers that step, and our guide to selling an inherited house covers the estate tax lien and taxes for heirs.

Can an heir force the sale of an inherited house?

In Rhode Island, any co-owner can ask a court to partition a property, which is the court process for ending a co-ownership when the owners can't agree. A partition case is a lawsuit among the owners. It's heard in Superior Court, and probate courts can also hear partition of a deceased person's real estate.

In a partition case, the court can set off each owner's share, or order the property sold at auction or privately at no less than a minimum price it sets. The money is divided under the court's direction, and the owners share the costs of the case, which can become a lien on the property.

What changes on January 1, 2027

Rhode Island adopted the Uniform Partition of Heirs' Property Act in 2026. For partition cases filed after January 1, 2027, the court first decides whether the house counts as heirs' property, which generally means relatives who co-own it without a written agreement about dividing it. If it does, the court has the property appraised, and the other co-owners get 45 days to choose to buy out whoever asked for the sale, at the appraised value times that owner's share, with at least 60 days to pay.

Under those 2027 rules, if no co-owner buys out the one asking for a sale, the court leans toward dividing the land rather than selling it. If it does order a sale, it's generally an open-market listing through a real estate broker at no less than the appraised value. All the co-owners can agree in writing to handle it differently.

A partition case is one way to end a co-ownership. A buyout, a sale of the whole house, or one heir selling their share to a buyer like I Buy Rhode Island Houses are others, and none of them needs a court.

Your options side by side

Heirs who disagree about a Rhode Island house usually weigh these four paths, one of which is selling a share to I Buy Rhode Island Houses.

Question Buy the others out Sell your share to us Sell the whole house together Partition in court
Who has to agreeThe heirs selling to youIn general, only youEvery heirNobody has to. The court decides
Goes to courtNoNoNoYes, Superior Court or probate court
What you end up withThe whole house, after paying the others for their sharesCash for your share, while the others keep theirsYour share of the sale priceYour share of the land or the sale, after the costs of the case
PriceWhatever the heirs agree onLess than your share of a full retail sale, in exchange for a quick, certain saleDepends on how you sell itSet by the court's process

Every title is different. A Rhode Island attorney can tell you whether a buyout, selling a share, selling together or partition fits your family's house.

Questions heirs ask us

Can my siblings stop me from selling my share?

In general, no. In Rhode Island, each heir owns a share as a tenant in common, and a share can usually be sold on its own. Your attorney can confirm how that works with your title, and I Buy Rhode Island Houses can tell you whether buying your share is something we can do.

Can a co-owner sell the house without the other owners?

Not the whole house. Selling the entire property takes every owner's signature or a court order. A co-owner can generally sell only their own share without the others.

Can siblings force the sale of an inherited house?

Any co-owner can ask a court to partition the property, and the court can divide it or order it sold. For Rhode Island cases filed after January 1, 2027, if the house counts as heirs' property, the other heirs get the first chance to buy out the one asking for a sale, at a court-appraised price.

Does the estate have to finish probate first?

Often, if the house is still in the name of the person who died. Our probate guide covers how executors sell a house in Rhode Island, with a power of sale in the will or a license from the local probate court.

Will you make an offer on the whole house too?

Yes. If everyone agrees to sell, I Buy Rhode Island Houses can make an offer on the whole house, and the money is split by share at closing the way your attorney sets it up.

How much would you pay for one share?

It depends on the house and the title. Expect less than your share would bring in a full retail sale of the whole house, since a buyer of one share ends up co-owning with your relatives. I Buy Rhode Island Houses puts the number in writing, so you can compare it with a buyout or a sale of the whole house.

What if the other owner isn't a relative?

Mostly the same rules apply. A Rhode Island deed in two or more names generally creates a tenancy in common, so each owner can sell their own share or ask a court for partition. The 2027 heirs' property rules only cover houses held largely within a family.

Sources

Rhode Island General Laws and public laws as published by the General Assembly, checked October 2026. This page is general information rather than legal advice.

  1. R.I. Gen. Laws § 34-3-2, heirs hold as tenants in common: webserver.rilegislature.gov
  2. R.I. Gen. Laws § 34-3-1, co-owners are tenants in common unless the deed says joint tenancy: webserver.rilegislature.gov
  3. R.I. Gen. Laws § 34-15-1, partition: webserver.rilegislature.gov
  4. R.I. Gen. Laws § 34-15-15 and § 34-15-16, setting off a share and partition sales: webserver.rilegislature.gov
  5. R.I. Gen. Laws § 34-15-22 and § 34-15-23, the costs of a partition case: webserver.rilegislature.gov
  6. R.I. Gen. Laws § 8-9-9, probate court jurisdiction, including partition of a decedent's real estate: webserver.rilegislature.gov
  7. P.L. 2026, ch. 206, the Uniform Partition of Heirs' Property Act: webserver.rilegislature.gov
  8. R.I. Gen. Laws § 5-20.8-3, seller disclosure exemptions: webserver.rilegislature.gov
  9. R.I. Gen. Laws § 8-10-3, Family Court jurisdiction: webserver.rilegislature.gov

Want to know what your share, or the whole house, is worth to us?

Fill out the form at the top of the page or call I Buy Rhode Island Houses at 401-267-1400. Tell us who owns what, and we'll tell you what we can do.

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