Inheriting a property can be both a gift and a challenge, especially when not all co-heirs agree on what to do with it. This situation is much more common than one might think in the Girona region, where inheritances often include houses and rural properties with high sentimental and economic value. If you find yourself in this situation, it’s important to know that you have legal options to resolve the conflict. At ActumAdvocats, our real estate law firm in Girona, we explain how to act safely and effectively.
Understanding the origin of the conflict
First of all, you need to understand why an heir refuses to sell. The reasons are often varied:
Sentimental value: The property may be the family home where they grew up, with a deep emotional connection.
Differing financial expectations: Some heirs may believe the property’s value will increase in the future and prefer to wait.
Personal use: Perhaps one of the heirs wants to continue living in it or rent it out for a regular income.
Disagreements over market value: There may be discrepancies over the fair selling price.
Identifying the cause is the first step in finding a solution, either through dialogue or, if this is not possible, through legal means.
Options to consider before going to court
It is always advisable to attempt an amicable solution. It is faster, less expensive, and preserves family relationships.
Negotiation and mediation: Propose a meeting with all co-heirs, perhaps with the assistance of a neutral mediator or specialized attorney. At ActumAdvocats, we offer mediation services to help families find common ground. Alternatives can be explored, such as an heir buying out the remaining portion, establishing a consensual sale period, or agreeing on a mutually beneficial lease.
Life usufruct or lease: If an heir wants to continue living in the house, it can be agreed that they will renounce their share of the inheritance in exchange for life usufruct (the right to use and enjoy it while they live) or that a lease agreement be formalized with a fair price for the community of heirs.
The legal solution: the action for division of the common property
When dialogue is exhausted and an agreement cannot be reached, the law offers a solution. Article 400 of the Civil Code of Catalonia establishes that “no one may be forced to remain in the undivided ownership of the common property.” This means that no heir may be forced to maintain joint ownership indefinitely if one or more of the other co-heirs wish to end it.
The action of division of the common property is the legal mechanism that allows this undivided property to be dissolved. Any of the co-heirs has the right to request it judicially. It is a process that requires the essential assistance of an attorney experienced in real estate and inheritance law.
How the judicial division process works
The process, which begins with a lawsuit filed in the courts of Girona, has the ultimate goal of liquidating the joint heirs and distributing the proceeds. The main stages are:
Appointment of a partitioner: The judge will appoint an independent expert (usually a notary or lawyer) to oversee the division process.
Property valuation: An official expert appraisal will be carried out to determine the property’s true market value.
Division options: The partitioner The partitioner must find a way to satisfy the rights of all heirs. The options are:
Award the property to a single heir: If one of the heirs is willing to keep the property, they must financially compensate the other co-heirs for their shares. This compensation will be based on the value of the appraisal.
Sale of the property and distribution of the proceeds: This is the most common option. If no heir is willing or able to take over the property by paying the others, a forced sale will be carried out. The sale can be carried out by public auction or direct sale, and the proceeds are distributed proportionally among all the heirs.
It is important to note that, in this process, the heir who did not want to sell cannot prevent the sale.The law prioritizes the right to dissolve the joint ownership over the individual will of one of the co-owners.
How ActumAdvocats can help you in Girona
Facing a conflict of this type can be stressful and emotionally complicated. In ActumAdvocats, a law firm in Girona with extensive experience in real estate and inheritance law, offers:
Initial legal advice: We analyze your specific situation and explain all your options clearly.
Mediation attempt: We act as mediators to try to reach an out-of-court settlement that avoids a long and costly trial.
Specialized legal representation: If legal action is unavoidable, we will accompany you throughout the entire process of dividing the common property, from the lawsuit to the final distribution, defending your interests with the utmost care. Professionalism and efficiency.
Don’t let a disagreement over inherited property turn into an insurmountable family conflict. Contact ActumAdvocats and you will find the legal support you need to resolve the situation safely and peacefully.
ActumAdvocats – Law Firm in Girona
Specialists in Real Estate and Inheritance Law
The legal solution within your reach.
