My dad left the family home to my siblings and me. I want to see the home sold; the others don't. What are my options?

Dealing with a family disagreement over an estate while you're grieving can wear you down.

The good news: the law strongly favours you here. As an owner of a one-third share, you can ask the BC Supreme Court to order the home sold. The law that allows this is called the Partition of Property Act.

Because you own less than half, the court doesn't have to order a sale — but it almost always does. The thinking is that no one should be stuck owning property with others against their will. "We'd rather keep it" isn't a good enough reason to block a sale. Your siblings would need to show something more, like an agreement between the three of you not to sell, or serious hardship. Wanting to rent the place out doesn't come close.

Steps to consider

Here are your options, starting with the simplest.

Check whose name is on the title. If the home has been transferred to the three of you, use the steps below. If the estate is still being wrapped up and the home is still in the executor's name, your first conversation is with the executor — ask them to either distribute the home to all three of you, or sell it as part of winding up the estate. 

Put your buyout offer in writing, with a real number. Get the home appraised. Then offer, in writing, to sell your one-third share at fair market value. This gives your siblings a clear decision to make. It also shows you tried to settle things fairly — which can matter later if a judge is deciding who pays legal costs. Your siblings' real objection may be money. A buyout paid over time, or funded by a mortgage on the home, might solve that.

Spell out what happens if they say no. Many standoffs end when the siblings who won't sell get a letter from a lawyer. The letter explains that a court will very likely order the home sold, and that legal costs will come out of the sale money. Faced with losing the home entirely or buying out your one-third, people often find the money. If you want to protect the relationship, mediation is another option. A mediator is a neutral person who helps families work out a deal.

Apply to the court if they won't budge. If the court orders a sale, the home is usually listed on the open market. The money is split three ways, after the court evens out who paid for what along the way. Your siblings could buy it at that point — they'd just finally have to pay you for your share, which is what you wanted all along.

What if they rent it out while you still own a share?

One more thing about the rental plan: if your siblings rent the home out while you still own a share, you're entitled to one-third of the rental income after expenses. If one of them lives there instead, you may be able to claim rent from them. On the flip side, they can claim credit for property taxes, insurance, and repairs they've paid. The court sorts out all this give-and-take when the home is sold. The longer the standoff drags on, the more there is to untangle.

A final word: forcing a sale costs two things — legal fees (often paid back from the sale money) and the family relationship. The second one is usually the harder cost to bear.

Because there's a lot at stake, it’s a good idea to get legal advice. A lawyer can help you work through your options.