Selling an Inherited Property: Do All the Heirs Need to Agree?

When a property is left as an inheritance, the sale of the asset involves some important steps and rules to be followed. Here is a guide to understanding how this process works:

1. Ownership and Inventory

First of all, it's important to remember that the heirs only become the owners of the property once the inventory process has been completed. Until the inventory is finalized, the sale of the property is not permitted.

2. Property division

During probate, the property is divided among the heirs. When there is no specific asset for each heir, the property can be divided into fractions. Each heir will have a percentage of the property, depending on the degree of kinship, the marriage regime, or what is established in the will. All heirs become joint owners, with rights and duties proportional to their share.

3. What if an heir doesn't want to sell?

If one of the heirs wants to sell their share of the property, but the others don't agree, they must follow a few steps:

• Preferential Offer: The heir must offer his share to the other condominium owners on the same terms as he would offer it to a third party.

• Sale to Third Parties: If none of the other heirs are interested, it is possible to sell the fraction to a third party.

Condominium dissolution action: If there are no buyers interested in the fraction, the heir can resort to a condominium dissolution action. This legal action can force the sale of the property as a whole, obliging all the heirs to sell their shares.

4. Possibility of preventing the sale

There is an important exception: if the inherited property is the only asset and serves as the surviving spouse's residence, the surviving spouse has a real right of habitation. In this case, the property can only be sold after the death of the surviving spouse.

Tips for heirs:

• Finalize the inventory to ensure legal ownership of the assets.

• Understand your shares and rights as a condominium owner.

• Consider consulting a specialized lawyer for detailed guidance and support during the sale process.

5. Forecasts for the New Civil Code

It is also worth mentioning that the draft of the new Civil Code provides that the surviving spouse will no longer be the direct heir of the deceased spouse, but will retain the right to the half share. In other words, the surviving spouse will still be entitled to half of the assets built up during the relationship, in cases of partial or universal communion of property.

The current wording of article 1.845 of the Civil Code of 2022, which is still in force, considers spouses to be necessary heirs, along with the descendants (children) and ascendants (parents) of the deceased. This guarantees them all a share of the “legitimate inheritance”, which corresponds to half of the deceased's assets, which will be shared in equal proportions between them.

This is just one of the changes planned for the new Civil Code, in addition to the recognition of all forms of family, the inclusion of digital data protection, liability for environmental and technological damage, the inclusion of rules on assisted reproduction and digital law, and more!

Keep following us to find out more about the new legal provisions shaping our society.

For more information and assistance on the sale of inherited property, contact a specialist in inheritance law.