When a loved one passes away and leaves behind a home, the property often becomes part of the estate to be divided among heirs. In Massachusetts, this process can be emotionally and legally complicated—especially when not everyone agrees on what to do with the property. If one heir wants to sell the house while another wants to keep it, disputes can arise, slowing down the process and creating tension. Here’s what you need to know about disagreements among heirs when selling Massachusetts homes.

Understanding Heirship and Property Ownership in Massachusetts

When multiple heirs inherit a property in Massachusetts, they usually become tenants in common. This means each heir has a legal ownership interest in the property, but no one has exclusive rights to any part of the home. All heirs must agree on decisions regarding the property, such as whether to sell, rent, or live in it.

Common Disagreements Among Heirs

Some of the most frequent points of conflict include:

• Whether to sell or keep the home – One heir may want to sell and split the proceeds, while another may prefer to hold onto the property.

• Pricing disputes – Heirs may disagree on the fair market value of the home or whether to accept an offer.

• Financial contributions – Tensions can arise if one heir has been paying taxes, insurance, or maintenance while others have not.

• Sentimental attachment – Family homes often carry emotional weight, which can make letting go difficult for some heirs.

What Happens If Heirs Can’t Agree?

If disagreements can’t be resolved informally, several options exist under Massachusetts law:

1. Negotiation and Mediation
   Families can work with a mediator or estate attorney to find a compromise, such as one heir buying out the others’ shares or agreeing to rent the property and divide the income.

2. Buyout Option
   If one heir wants to keep the house, they may purchase the interests of the other heirs at a fair price, often determined by an appraisal.

3. Partition Action (Court Involvement)
   If no agreement is reached, any heir can file a partition action in Massachusetts court. The court can order the property to be sold and proceeds distributed according to ownership shares. While this ensures resolution, it can be costly and time-consuming.

Steps to Prevent or Resolve Heir Disputes

• Hire an experienced probate or real estate attorney to explain each heir’s rights.

• Get a professional appraisal to establish a fair market value.

• Communicate openly about financial and emotional concerns.

• Explore estate planning tools (like trusts or wills) to clarify the original owner’s wishes and minimize future conflicts.

Disagreements among heirs are common when selling inherited homes in Massachusetts, but they don’t have to end in drawn-out legal battles. With professional guidance and open communication, families can often reach a fair resolution. If you’re facing this situation, consulting with a Massachusetts real estate attorney and working with a knowledgeable real estate agent can help you navigate the process smoothly.

Matt Witte strives to be the best realtor in North Andover MA.

Any questions about real estate, reach out to Matt Witte North Andover Realtor MA-