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.

• Key advantage: This operation is subject to the Tax on Documented Legal Acts (AJD), the tax cost of which is usually substantially lower than that of a traditional sale.

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.

• Keep in mind: It is a quick way out to obtain immediate liquidity a, but the price offered by these companies is usually well below the real market value. In addition, the other heirs have a preferential right of acquisition (right of withdrawal).

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

1. Check the status of the title and charges: Ensure that the inheritance is formally accepted and awarded in a public deed and registered in the Property Registry.
2. Objective valuation of the property: Have an updated professional appraisal to set a fair market price.
3. Formal requirement (Burofax): Send a reliable notification to the rest of the heirs offering reasonable alternatives (sale by mutual agreement or termination of the condominium) and setting a deadline for response. This step is crucial to demonstrate good faith and avoid subsequent judgments for costs.

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.