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Inheriting a home can become a source of conflict if the heirs do not agree on what to do with the property. This situation is more common than it seems, and raises a key question: Can one of the heirs block the sale of an inherited house?
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The inherited home and the problem of co-ownership
When several heirs receive a property, they become co-owners. This means that they all have rights over the home, but also shared obligations. The problem arises when one of them wishes to sell their part (or the entire property) and the others do not agree.
Can a property be sold without the consent of all the heirs?
No. Spanish law requires the unanimous consent of all co-owners to sell the property. An heir cannot be forced to sell, just as they cannot be forced to remain as a co-owner if they do not wish to.
This rule protects individual rights and prevents a majority from imposing decisions on an indivisible asset such as a home.
What solutions exist if there is no agreement between heirs?
Although legal action is possible, the ideal is to avoid going to court. Some recommended alternatives are:
- Amicable agreement: Reaching an agreement where one of the heirs buys the other’s part.
- Sale of the undivided part: It is legal to sell the part of one of the co-owners, although it is not always easy to find a buyer.
- Termination of joint ownership: Notarial or judicial procedure by which the co-ownership is terminated. It is common in cases of inheritances or divorces.
- Action for division of common property: Any heir can request it judicially to force the sale of the property and divide the value obtained.
How to avoid these conflicts when inheriting?
To avoid co-ownership problems from the beginning, experts recommend:
- Leaving the distribution well defined in the will.
- Seeking consensual solutions after the death.
- Considering selling the property and dividing the money if there is no intention to keep it.
The importance of knowing the real value of the property
In any inheritance process or possible sale between heirs, determining the real value of the property is a key step to facilitate agreements and avoid conflicts.
At Euroval, a valuation company approved by the Bank of Spain, we can help you carry out an independent and objective valuation of the property, providing a solid basis for negotiation between heirs or for processes such as the termination of joint ownership.
A professional valuation not only provides transparency and legal certainty, but also streamlines procedures and reduces the chances of disagreement.
The inherited co-ownership can be a source of legal and personal conflicts, especially if one of the heirs blocks the sale of the property. However, there are legal mechanisms and practical solutions to resolve the situation without the need for lengthy legal proceedings.
Having a professional valuation like the one we offer at Euroval can make the difference between a conflict and an efficient resolution.
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