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Can 6 out of 7 heirs sell property without the consent of the 7th heir?

The general rule is that all co-owners of a property must agree to sell, unless there are provisions in the will or governing law that allow a majority to force a sale.

However, in some jurisdictions, if the property is owned by the heirs as "tenants in common," a majority of the owners may be able to force a partition sale, even against the wishes of the minority.

The specific terms of the will or trust governing the inheritance will be crucial in determining the rights of the heirs.

The will may give certain heirs more decision-making power than others.

If the property has a mortgage, the lender will typically require all owners to agree to any sale, regardless of the ownership percentages.

In some cases, a court may order the forced sale of the property if the co-owners cannot agree, a process known as a "partition action."

The relative ownership shares of the heirs can impact their ability to force a sale.

Heirs with larger ownership stakes may have more leverage.

The intended use of the property, such as a family home vs.

investment property, can also influence the ability of the majority to compel a sale.

Heirs may be able to "buy out" the interests of dissenting co-owners to facilitate a sale, if they have the financial means to do so.

Tax implications, such as capital gains, can be a factor in an heir's willingness to agree to a sale.

The physical condition of the property and associated maintenance costs can create conflicts between heirs who wish to sell and those who want to keep it.

Emotions and family dynamics often play a role, with some heirs being more willing than others to preserve the family's connection to the property.

In some cases, the courts may appoint a neutral third party, such as a receiver, to manage and sell the property if the heirs cannot agree.

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