{"id":2361,"date":"2026-11-12T02:48:49","date_gmt":"2026-11-12T02:48:49","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/inherited-house-sibling-wont-sell-bc\/"},"modified":"2026-11-12T15:10:22","modified_gmt":"2026-11-12T15:10:22","slug":"inherited-house-sibling-wont-sell-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/inherited-house-sibling-wont-sell-bc\/","title":{"rendered":"Inherited house: what to do when a sibling won’t sell or is living in it"},"content":{"rendered":"

By Sundeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 11, 2026<\/p>\n

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<\/a>.<\/em><\/p>\n

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.<\/em><\/p>\n

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Still in the estate?<\/strong> 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.<\/p>\n

Already transferred to the siblings?<\/strong> 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).<\/p>\n

A sibling living there:<\/strong> the executor can require them to leave, or charge rent, if that’s what the estate needs.<\/p>\n

Which stage are you at?<\/a> \u00b7 Book a consultation<\/a><\/p>\n<\/div>\n

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The lawyers who handle these estate files<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
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Sundeep S. Grewal<\/a><\/strong> 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.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is a probate, estates and immigration lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

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.<\/p>\n

Lawgical Law Corporation<\/a>, a probate and estate litigation law firm with offices in Surrey<\/a>, Abbotsford<\/a> and Vancouver, BC, acts for executors and beneficiaries in disputes over inherited property; this guide is by Sundeep S. Grewal.<\/p>\n

Which stage are you at?<\/h2>\n
\n\n\n\n\n\n\n\n
Who decides about the house, and how to break a deadlock<\/caption>\n
Stage<\/th>\nWho controls the house<\/th>\nHow to break the deadlock<\/th>\n<\/tr>\n<\/thead>\n
Still in the estate (before or after probate)<\/td>\nThe executor or administrator (WESA s. 162)<\/td>\nThe 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)<\/td>\n<\/tr>\n
The executor is also the sibling refusing to sell<\/td>\nThat executor, but subject to their duties to all beneficiaries<\/td>\nA demand in writing, then a court application for directions or removal: see executor taking too long<\/a><\/td>\n<\/tr>\n
Transferred to the siblings as co-owners<\/td>\nAll the co-owners together<\/td>\nA Partition of Property Act application for sale or partition, or a buy-out<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

When the house is still in the estate<\/h2>\n

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<\/a>), and they “must exercise authority to administer and distribute the estate” (s. 142(2)). In practice:<\/p>\n