Options for a House With Title Problems

Four paths compared, from a company that buys these houses, including when you shouldn't sell to us.

Four paths for a house with title problems (rules vary by state)
Sell to a curative buyerProbate, then listRedeem after a tax salePartition in court
What it isA buyer purchases as-is, or buys one owner's share, and takes on clearing the titleA court or state process puts title in order, then the house sells on the open marketThe former owner pays what the law requires to get the property back or clear the claimA court divides co-owned property, or orders it sold and splits the proceeds
Do you keep the house?NoNo, unless the heirs decide otherwiseYesOnly if you buy out the others or receive the part you live on
Who must agreeYou, for your own share; all owners or the representative for the whole houseThe heirs or the representative, plus the court where requiredUsually only you, if you hold the right to redeemNo one; a court decides
Money needed up frontNone to the buyer. Ask in writing who pays the title costsFiling and attorney costs, sometimes repairsThe redemption amount, which can include interest or a premiumAttorney and court costs, which can be high
SpeedOften the quickest exit, though title work can add timeCommonly months, and it varies a lot by stateMust happen inside a fixed windowSlow
What you'd netUsually less than a retail sale, because the buyer takes on the cost and riskUsually the most for the family, if the house can be marketedYou keep any equity, after paying to redeemDepends on the court and the costs
Usually best whenThere's a deadline, heirs are divided or missing, repairs are heavy, or you only want out of your shareThere's time, the family agrees and the house shows wellYou want to keep it and can pay before the deadlineCo-owners can't agree and nothing else works
Usually a poor fit whenTitle is easy to fix and you have timeA sale date will arrive first, or no one will signYou don't want the house, or the amount exceeds what it's worth to youYou could get a buyout or an agreed sale

General information, not legal advice. Probate, tax sale and partition rules vary by state, and sometimes by county. Your state's law and your own documents control.

Quick answer: A house with a title problem usually has four ways forward: sell it as-is to a buyer who clears the title, open probate or a similar process and then list it, redeem it if it went to a tax sale, or ask a court for a partition. Listing after clearing the title usually nets the most if you have the time. A direct sale trades price for speed and for handing off the problem.

We're a buyer, so we have a stake in which path you choose. That's why this page starts with the comparison and tells you when another path beats ours. "Title problem" here means anything that keeps a house from selling cleanly: a dead owner still on the deed, co-owners who won't sign, liens, a tax sale, or a break in the chain of title. Our liens and title guide covers the common types.

Path 1: Sell to a curative buyer

A curative buyer purchases a property with the problem still attached, then does the work to clear it: paying liens from the proceeds, sorting out heirship, or bringing a quiet-title action through an attorney. The buyer may purchase the whole house or a single owner's share. The trade is price. A buyer takes on cost, delay and the risk the title can't be fixed, and a fractional share sells at a real discount because few buyers want part of a house.

Before you sign, ask any buyer, including us, whether they're buying or assigning the contract, who pays for the title work, what happens if it can't be cleared, and what you'll net. A buyer doesn't represent you, so have your own attorney read anything you don't understand. How we act also differs by state: in Iowa and Nebraska we act only as a principal buyer or referral source, and in Texas any assignment comes with written disclosure.

Read more: How it works · Selling your share · Cash buyer vs. realtor · Selling as-is

Path 2: Probate, then list

Probate is the court process for proving a will and overseeing an estate: gathering property, paying debts and taxes, and distributing what's left. If a house is titled only in the deceased person's name, it usually can't be sold until title is established this way or through a shortcut your state allows, and a title company will generally want to see court authority before insuring a sale from an estate. Timelines vary widely by state. Once that's done, you can list it like any other house, which usually brings the best price.

This path works best when the family agrees, someone will take the lead, and no sale date is about to hit. Check for debts too: an inherited house with a mortgage keeps costing money while the estate runs.

Read more: Probate & inherited homes · Inherited with other heirs

Path 3: Redeem after a tax sale

Many states give a former owner a period to pay and keep the property after a tax sale. What gets sold differs. In some states it's a certificate or lien and the owner keeps title during the window. In others, including Texas, the deed itself is sold and the owner redeems from the purchaser, without any right to use or possess the house in the meantime. The cost and the start date differ too, so don't estimate your deadline from someone else's case.

If there's no sale yet, ask the tax office first about a payment arrangement. If you want to keep the house and can pay in time, redeeming is usually the path to take, and we'd tell you so. If the cost is more than the house is worth to you, or you never wanted it, one of the other paths may leave you better off.

Read more: Back taxes and tax sales · Foreclosure, which has its own deadlines

Path 4: Partition

A partition is a court action that ends co-ownership. A court may divide the property physically when that can be done fairly, or have it sold and split the proceeds. For a single house, physical division often isn't practical. It doesn't need the other owners' agreement, but it's slow and can be costly for everyone, so it's usually the last resort after a buyout or agreed sale fails.

A number of states, including Texas, have adopted a version of the Uniform Partition of Heirs Property Act, which can give co-owners of inherited land a chance to buy out the person seeking a sale. Check whether your state has it before you assume a forced auction is the likely result, whichever side you're on.

Read more: Selling your share · Inherited with other heirs

When selling to River Capital isn't the best choice

Plainly, don't sell to us if:

We're the better fit when a deadline is close, heirs are divided or can't be found, the house needs heavy repairs, or you want out of your share and the others won't move. River Capital is a young company, so ask us anything you'd ask an established one, and compare our number with your alternatives. See why River Capital and situations we solve.

This is general information, not legal advice. Rules vary by state and case. Confirm your specifics with a real estate or probate attorney or your county office.

Common Questions

Choosing a Path: Common Questions

Which path usually gets me the most money?

Usually clearing the title and listing, if you have the time and the house can be marketed. Selling the whole property together generally beats selling one share at a discount. A curative buyer usually pays less because the buyer takes on the title work, cost and risk.

When is selling to River Capital not the best choice?

When title can be cleared cheaply and you have time to list. When you want to keep the house and can afford to redeem or use a payment plan. When a co-owner can and will buy you out at a fair price. When every heir agrees and an attorney can open the estate quickly. In those cases we'll say so and can point you toward the right professional.

Can I sell a house that's still in a dead relative's name?

Usually not the whole house until title is established, often through probate or a process your state allows in its place. An heir may be able to sell only their own interest sooner, at a discount. Rules vary by state, so ask a local probate attorney.

Do I have to pay off liens before I can sell?

Often not out of pocket. Liens are usually paid from sale proceeds at closing, as long as the price covers them. If it doesn't, someone has to negotiate or pay the difference before a clean sale can happen.

How long do I have to redeem after a tax sale?

It depends on the state and the property. On this site's guides the window runs about 3 years in South Dakota, 1 year 9 months in Iowa, at least 2 years in Florida, and in Texas 2 years for a homestead or 180 days for most other property. Your deadline may start from a specific recorded date, so confirm it with the county or an attorney.

Is a partition suit the same as forcing a sale?

Not necessarily. A partition is a court division of co-owned property. The court may divide the land physically, or order it sold and the proceeds split if it can't be fairly divided. Some states also give co-owners of inherited land a chance to buy out the person asking for a sale.

What should I ask a curative buyer before signing?

Ask whether they're buying or assigning the contract, who pays for the title work, what happens and when you get out if title can't be cleared, what you'll net after liens, and whether you can have your own attorney read the contract. Get the answers in writing. Ask us the same questions.

Not Sure Which Path Fits?

Tell us what's on title and what you're hoping for. We'll give you a straight answer, even if the answer isn't us.