I have a house “shared” with other heirs, can I force them to sell it? Inheriting a home with siblings or other relatives is a very common situation, but also one of the main sources of conflict. When a property becomes the property of several people, we are faced with what is legally called a proindivis, condominium or community of property. In these scenarios, disagreement often arises: one of the heirs needs liquidity and wants to sell, another prefers to rent and a third flatly refuses to make any decision. Faced with this blockage, the key question is: Can I force the other heirs to sell the house? The legal answer is unequivocal: No one is forced to remain in the undivided estate. The law protects the heir who wants to leave the property, but the path to achieve this will vary depending on the degree of understanding between the parties. The legal principle: the division of the common thing The Civil Code clearly establishes that no co-owner is obliged to remain in the community. Unless there is an agreement of indivisible ownership (which is rare and has a legal time limit), any of the co-heirs can demand at any time that the common property be divided. As it is an indivisible asset -since a house cannot be physically divided without destroying it or losing its use-, the “division” translates into transforming the ownership of the property into money that can be distributed according to the share of each heir. The 4 ways to resolve the lock between heirs Depending on the attitude of the other co-owners, there are different legal and strategic alternatives: 1. Voluntary sale to a third party (Unanimous agreement) It is the ideal, fastest and most economical solution. Actualitat heirs sign the sale of the property on the open market to a third party and divide the price charged in proportion to the percentage of inheritance. 2. Termination of condominium (Award to one of the heirs) If one of the heirs wants to keep the home, it is not necessary to sell it to a stranger. This heir can keep 100% of the property, financially compensating the others for the value of their shares. 3. Sale of the share of the proindivís The law allows you to sell only your percentage of the property without the consent of others. There are companies and investors who specialize in buying these parts. 4. The judicial division of the common property (The judicial procedure) When no agreement is possible and the other heirs flatly refuse to sell or buy your share, the only remaining option is the judicial action for division of the common property. Through a civil lawsuit, the judge is requested to declare the termination of the condominium. If the parties do not agree on a solution during the process, the procedure culminates with the public auction of the property. The money obtained at the auction is liquidated and distributed among the heirs according to their participation quota. Important note: The public auction is usually the last resort, since the home can be awarded for a value lower than the market value. Therefore, the mere filing of the lawsuit is usually an effective persuasive element to force an advantageous negotiation before reaching the hearing. Recommended steps before initiating legal proceedings Do you have an inherited property in Girona and are you facing a family blockage? Managing a property in proindiviso requires combining a deep knowledge of inheritance and civil law with the tactical ability to negotiate complex agreements. At ActumAdvocats we are specialists in law of successions, inheritances and division of common property in Girona. We advise you from the first moment to find a friendly and profitable solution, save, firmly your rights before the courts. 📍 Professional office in Girona 📞 Contact ActumAdvocats today: we will analyze your particular case, review the property documentation and draw up the fastest and most advantageous legal strategy for you.

Real estate lawyers in Girona Buying a property in Girona, whether it’s a charming apartment in the Barri Vell, a family home in Montilivi or a strategic investment on the Costa Brava, is one of the most important financial decisions of your life. But is it really a safe operation? In a real estate market as dynamic and complex as that of Girona, the line between a successful investment and a legal nightmare is extremely thin. At Actum Advocats, we understand that you are not just looking for a home; you are looking for security, tranquility and a future. That’s why we’ve transformed the traditional concept of a lawyer into a much more complete figure: your Personal Real Estate Shopper with a legal basis. Why is a lawyer your best insurance? Very often, buyers blindly trust standard contracts or the management of traditional real estate agencies. Although many professionals in the sector do an excellent job, their main goal is to close the sale. Our goal at Actum Advocats, on the other hand, is to protect you. A poorly drafted deposit contract or a simple note that has not been thoroughly reviewed can hide mortgage charges, undeclared easements or even urban planning violations that could block any future renovations. Having real estate lawyers in Girona is like having life insurance: we make sure that what you buy is exactly what they sell you, without fine print or last-minute surprises. The added value: The Personal Real Estate Shopper in Girona At Actum Advocats we go one step further. We know that the market in Girona and the Costa Brava is competitive and that finding the perfect piece requires time and local knowledge. That’s why we offer you the Personal Real Estate Shopper service. What do we do for you? Search and filter: Don’t waste your time visiting properties that don’t fit. We select the best opportunities according to your profile. Technical and legal analysis: Before setting foot on the property, we have already reviewed its situation in the Property Registry and the status of charges. Professional negotiation: As lawyers, we know the real value of the market and have the tools to negotiate the best price for you, defending your interests and not those of the seller. Comprehensive management: From the drafting of the deposit contract to assistance at the notary and tax settlement. Girona and the Costa Brava: A scenario with particularities The province of Girona has a rich and sometimes restrictive urban planning regulations, especially in coastal areas or in historic buildings in the city center. Buying without specialized legal advice in the area is taking an unnecessary risk. Did you know that some areas of the Costa Brava have specific restrictions for tourist licenses? Or that many farmhouses in the Girona region have land use limitations? At Actum Advocats we know the territory. We are your eyes in Girona. Our experience allows us to detect opportunities where others only see problems, and stop operations that could be ruinous. Invest with your head, enjoy with your heart Don’t leave your assets to chance. Your home or your investment deserve the maximum legal protection. At Actum Advocats, we combine legal rigor with the proactivity of a Personal Real Estate Shopper to offer you a 360º service. If you are thinking of buying in Girona or the Costa Brava, let’s talk about it. We are your life insurance in every contract, in every clause and in every signature. Actum Advocats: Legal security for your next home. Send your query to our lawyers Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).