In inheritances, it is quite common for conflicts to arise between heirs when indivisible assets such as real estate have to be distributed. When selling an inherited home, it may be the case that one party agrees to sell the home and the other party opposes doing so. And the thing is, how should the apartment inheritance be distributed if one party does not want to sell?
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What can happen in the division of the inheritance?
If the inheritance has been divided, these heirs must agree Chinese Overseas America Number Data to the award, in this case of a property, in equal parts or that one of the heirs becomes the owner of the home and pays the other heirs the part of the value that would correspond to each of them.
If the inheritance has been accepted, the heirs have accepted the corresponding part of the property as inheritance, then we are dealing with co-ownership or proindiviso . That is, each of the heirs will be the sole owner of their part of the property.
When one of the heirs, in this case a co-owner, loses interest in owning a part of the inherited home, they have the possibility of selling their part to another buyer.
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How can a flat inheritance be distributed if one party does not want to sell?
One thing is clear, and that is that it is more difficult to sell a part of the home than the entire home . If you have decided to sell the home , and one of the co-owners does not agree with the decision made and maintains that he wants to keep that part, then we are facing a termination of the condominium.
Therefore, the termination of the condominium is a solution that resolves the conflict between the heirs. If the condominium heirs agree, one of the following two cases may occur:
Establish absolute ownership of the home to one of the heirs. One of the heirs will keep the real estate, and the other heirs will receive from the new owner the value of the part of the inherited home. To do this, it is necessary to have a public deed of termination of the condominium and, in turn, the allocation of the home.
Sell the home to another person and distribute the value of the home based on the percentage of ownership. In this case, you will have to have the deed of sale.
If, despite these solutions, one of the heirs still does not agree and refuses to sell the home, the following can be done. A solution that can be given to the fact of distributing a flat inheritance if one party does not want to sell , is that a judicial procedure for the division of common property will have to be initiated. Any of the affected heirs can go to court and request the division of this inheritance.