Four paths compared, from a company that buys these houses, including when you shouldn't sell to us.
| Sell to a curative buyer | Probate, then list | Redeem after a tax sale | Partition in court | |
|---|---|---|---|---|
| What it is | A buyer purchases as-is, or buys one owner's share, and takes on clearing the title | A court or state process puts title in order, then the house sells on the open market | The former owner pays what the law requires to get the property back or clear the claim | A court divides co-owned property, or orders it sold and splits the proceeds |
| Do you keep the house? | No | No, unless the heirs decide otherwise | Yes | Only if you buy out the others or receive the part you live on |
| Who must agree | You, for your own share; all owners or the representative for the whole house | The heirs or the representative, plus the court where required | Usually only you, if you hold the right to redeem | No one; a court decides |
| Money needed up front | None to the buyer. Ask in writing who pays the title costs | Filing and attorney costs, sometimes repairs | The redemption amount, which can include interest or a premium | Attorney and court costs, which can be high |
| Speed | Often the quickest exit, though title work can add time | Commonly months, and it varies a lot by state | Must happen inside a fixed window | Slow |
| What you'd net | Usually less than a retail sale, because the buyer takes on the cost and risk | Usually the most for the family, if the house can be marketed | You keep any equity, after paying to redeem | Depends on the court and the costs |
| Usually best when | There's a deadline, heirs are divided or missing, repairs are heavy, or you only want out of your share | There's time, the family agrees and the house shows well | You want to keep it and can pay before the deadline | Co-owners can't agree and nothing else works |
| Usually a poor fit when | Title is easy to fix and you have time | A sale date will arrive first, or no one will sign | You don't want the house, or the amount exceeds what it's worth to you | You 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.
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.
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
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
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
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
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.
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 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.
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.
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.
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.
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.
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.
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.