It is quite common for conflicts and doubts to arise when distributing the assets of an inheritance, especially when it comes to indivisible assets, such as a home.
Can the inheritance be distributed without all the heirs agreeing? How can a house inherited by several siblings be sold? Can a property be sold if one of the heirs does not agree? How can an apartment inherited by several siblings be divided?
In this article, we answer all your questions.
Unfortunately, problems between siblings related to inheritance are very common.
It is important to note that the partition of the inheritance (the distribution of the inherited assets) is a completely different act from acceptance.
The partition of inheritance is the procedure by which the assets that make up the inheritance are distributed among the members of the inheritance community.
We remind you that acceptance of inheritance is the voluntary and free act by which a person called to inherit expresses their willingness to accept the inheritance.
For its part, the partition of inheritance is the act by which the heirs who have accepted the inheritance divide up the assets of the estate, acquiring ownership of them.
How can this conflict of interest be resolved if there is no agreement to sell?
The most reasonable, least confrontational, and least costly solutions would be:
The sibling who wants to keep the property buys out the others’ shares.
If they do not have the capital or simply do not want to buy out the other siblings’ shares, the property is sold and the money is divided.
As a last resort, before going to court, a mediator should be consulted to try to find a solution that is in the interests of all parties.
We would like to emphasize once again that if one of the siblings refuses to sell and cannot reach an agreement with the other three siblings, the solution to the problem would be the judicial division of the common property or the termination of the condominium.
Law 15/2015 on Voluntary Jurisdiction introduced voluntary auctions for the division of jointly owned property.
However, in a voluntary auction, there are no opposing positions among the interested parties to put the property up for auction, and in principle there must be a common willingness to auction, otherwise it would cease to be voluntary.
In short, the corresponding legal proceedings would have to be initiated. However, this procedure can have drawbacks, as it ends with the auction of the jointly owned property and the auction price is usually lower than the market price.
In any case, it is essential to seek the advice of a lawyer specializing in inheritance to avoid conflicts and bad transactions.
