Q: Will court grant house key despite domestic violence record among siblings?

A: The inheritance of title to the house and the domestic violence are two separate issues for the courts because title and possession are two different things under the law.

Inheritance of title by the four siblings cannot be ignored. It does not sound as if an estate was ever opened and the house transferred by deed to the four siblings. The petition for partition and sale of the property will likely be granted for someone's property in limbo for 14 years, and the house will be sold. At closing, the proceeds would be paid in equal shares to the siblings, and if one is deceased, to his heirs.

It is possible that the sibling who does not reside there, wants a key, but committed acts of violence would be prohibited from entering the house, but his violent past will not likely impede the sale under the laws of estates. At least one of the siblings opposed to the abusive sibling needs to hire an able attorney or risk having little voice in the court proceedings. Whoever is living in the house needs to hire an attorney, if for no other reason, to keep the abusive one out of the house until the matter is settled.

A: This is a complicated and emotionally charged situation, especially when safety concerns are involved. While all four siblings may have equal ownership of the inherited property, the court can take past behavior into account when deciding on access. If there is a documented history of domestic violence and damage caused by the sibling now demanding a key, the court may be cautious about granting that access.

The court’s primary concern will be balancing property rights with the safety and well-being of anyone living in the house. If one sibling has been peacefully living there for over a decade, and another has a record of violence and destruction, the judge might limit that person’s physical access, even if they technically have a right to the property. In many cases, the court may lean toward ordering a sale of the home to divide the value fairly, rather than forcing a dangerous or unstable living situation.

So while the sibling may have the legal right to ask for a sale or even access, the court is not likely to ignore police reports and safety risks. If there’s a real threat, your side should present all the evidence you have—photos, reports, witness statements—so the court sees the full picture. You have the right to feel safe in your own home, even when the law is sorting out shared ownership.