What should we do if some heirs refuse to divide the house that is part of the inheritance?

The division of shared assets falls into two categories: compulsory division (qismat ijbar) and consensual division (qismat taradi).

Compulsory division occurs when the asset can be divided without harm or compensation, and the co-owners are compelled to divide it.

Consensual division is that which can only be completed with the consent of all co-owners. This applies when the division would cause harm to one of the co-owners or involve compensation. This type of division is treated as a sale.

A co-owner is compelled to divide the asset in the first case, but not in the second. It is generally the case that real estate consisting of multiple floors cannot be divided except with the consent of all heirs, due to the unequal value of the floors.

The solution in this situation is to sell the property and divide its price among the heirs according to their shares. The heirs are compelled to proceed with this sale if one of the co-owners requests it.