Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Partition of Property Act (ss. 2, 6 to 8, current to February 11, 2025) and the Wills, Estates and Succession Act (ss. 142, 155, 158, 162) checked that day.
Still in the estate? The executor controls the house, not the beneficiaries. If the will says to sell, or a sale is needed, the executor can sell, even over a sibling’s objection.
Already transferred to the siblings? Any co-owner can ask the court for a sale. If owners of half or more ask, the court “must, unless it sees good reason to the contrary, order a sale” (Partition of Property Act s. 6).
A sibling living there: the executor can require them to leave, or charge rent, if that’s what the estate needs.
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
When siblings inherit a house together and one won’t agree to sell, or is living in it rent-free, the answer depends on where the house is. While it is still part of the estate, the executor is in charge: the deceased’s land “vests in” the personal representative, who holds it in trust for the beneficiaries and must administer the estate. An executor can usually sell, and can require a sibling living there to leave or pay rent, even if that sibling objects. Once the house has been transferred to the siblings as co-owners, BC’s Partition of Property Act applies: any co-owner can go to court, and if owners of half or more want a sale, the court must order one unless there is good reason not to. A sibling who wants to keep the house can offer to buy the others out.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for executors and beneficiaries in disputes over inherited property; this guide is by Sundeep S. Grewal.
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Which stage are you at?
| Stage | Who controls the house | How to break the deadlock |
|---|---|---|
| Still in the estate (before or after probate) | The executor or administrator (WESA s. 162) | The executor decides under the will; a beneficiary who disagrees can ask the court for directions, or to remove an executor who won’t act (s. 158) |
| The executor is also the sibling refusing to sell | That executor, but subject to their duties to all beneficiaries | A demand in writing, then a court application for directions or removal: see executor taking too long |
| Transferred to the siblings as co-owners | All the co-owners together | A Partition of Property Act application for sale or partition, or a buy-out |
When the house is still in the estate
On death, land “devolves to and is vested in” the personal representative, who holds it “as a trustee for the person beneficially entitled to it” (WESA s. 162), and they “must exercise authority to administer and distribute the estate” (s. 142(2)). In practice:
- If the will tells the executor to sell, or a sale is needed to pay debts or divide the estate fairly, the executor can sell after probate without the siblings’ agreement. See selling a house in probate.
- If the will leaves the house to the siblings, the executor can transfer it to them as co-owners instead of selling, but not before 210 days after the grant without consent (s. 155).
- A sibling living in the house is occupying an estate asset. The executor must act for all beneficiaries, which may mean asking for rent, insurance and taxes to be covered, or for the sibling to move out so the house can be sold.
When the siblings already own it together
The Partition of Property Act lets joint tenants and tenants in common be compelled to partition or sell (s. 2). The key sections:
- s. 6: where owners of “1/2 or upwards” ask for a sale, “the court must, unless it sees good reason to the contrary, order a sale of the property”.
- s. 7: the court may order a sale if it “would be more beneficial” than dividing the property.
- s. 8: any owner can ask for a sale, but the court can’t order one if the other owners undertake to buy that owner’s share; the court can then order a valuation.
A house can rarely be divided physically, so a court-ordered sale, or a buy-out at a court-supervised value, is the usual result. See joint tenancy vs tenants in common.
A sibling living there rent-free
Whether a sibling owes anything for living in the house depends on the stage, what the will says, and whether the others were kept out. While the house is in the estate, the executor can charge rent or require the sibling to leave, and the estate’s costs of the house (taxes, insurance, utilities) can be dealt with in the executor’s accounts. Once the siblings own it together, a co-owner generally can’t be charged rent just for living there unless the others were excluded, so the question is often settled within the partition application. Get advice on the specific facts.
Mistakes I have seen
- Transferring the house to the siblings before agreeing how it will be used or sold, which turns an executor decision into a co-owner dispute.
- An executor who lives in the house putting off the sale, without accounting to the others.
- Letting the house sit empty and uninsured during the dispute.
- Going straight to court without a written offer to buy out or a valuation.
Frequently asked questions
Can one sibling force the sale of an inherited house in BC?
If the house is in the estate, the executor decides. If the siblings own it together, any co-owner can apply under the Partition of Property Act, and if owners of half or more ask, the court must order a sale unless there is good reason not to.
Can my sibling buy out my share?
Yes. Under s. 8, if co-owners undertake to buy the share of the owner asking for a sale, the court can order a valuation instead of a sale.
Can the executor evict a sibling?
An executor can require a sibling to leave an estate property so it can be administered or sold. If they refuse, a court order may be needed.
Who pays the property tax and insurance meanwhile?
While the house is in the estate, the estate pays, and the executor accounts for it. Once transferred, the co-owners share them.
What should I do right now?
Find out whether the house is still in the estate or already in your names, by pulling the title. Then put your proposal (sell, buy out, or rent) to the executor or your sibling in writing.
Book a consultation with our estate lawyers in Surrey, Abbotsford or Vancouver.
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Related guides: estate mediation · the mortgage after death · stopping an executor from selling the house · a sibling executor who got everything
Sources (official)
- Partition of Property Act (ss. 2, 6, 7, 8), BC Laws (current to February 11, 2025)
- Wills, Estates and Succession Act (ss. 142, 155, 158, 162), BC Laws
This article is general information about BC law, not legal advice for your situation.