I received a property as an inheritance, but one of the heirs does not want to sell the property. What to do?

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In the midst of mourning the death of a loved one, it is necessary to deal with the bureaucracy involved in sharing the goods left behind by the deceased.

I received a property as an inheritance, but one of the heirs does not want to sell the property. What to do?


Initially , it is important to clarify that inheritance is an expression used to refer to the transfer of assets of a deceased person, to their legal successors, called heirs. The Civil Code establishes who the heirs are according to the chain of succession.


When a property is one of the heritage items, the heirs should be alert to comply with all tax payment requirements and updating documents covering m property.


The first step to be taken is to hire a lawyer, so that the probate can be done. It is the division of all the goods of the deceased, in which the property is included, the which may occur through the courts or out of court, depending on the specifics of each case.


Disagreement between heirs is very common when it comes to the  sale of property that is  inherited in common. The problem may be related to  the sale price  or even the resistance of an heir to sell. 


So today we're going to explain what to do if one of the heirs doesn't want to sell the property.

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What does the law impose?


As a rule, heirs have the right to divide the inheritance. These heirs are established by law, in accordance with the chain of succession or in accordance with those informed in the inventory.


It is important to clarify that, when a person dies, none of the heirs has rights over the properties left, that is, they cannot continue occupying the property without the consent of all the other heirs.


There is only one exception to this rule when one of the heirs is the deceased's spouse. This is because, regardless of the marriage regime, the surviving spouse has a real right to live in the property intended for the family's residence, free of charge, without the other heirs being able to sell or rent it to third parties.


Art. 1,831. The surviving spouse, regardless of the property regime, will be assured, without prejudice to their participation in the inheritance, the real right to housing in relation to the property intended for the residence of the family, provided that it is the only one of that nature to be inventoried.


However, if the surviving spouse is not the heir who does not want to sell the property, the other heirs who do not agree with the permanence of the only one in the property without payment of rent may judicially demand this charge or even the imposition of possession of the property, with the forced removal of the resident.

And how to do this?

If there is no agreement between the heirs, those interested in the sale must notify the heir who refuses to sell it, and this notification must be formal and express, giving him a period of 30 (thirty) days to respond.

If there is no manifestation within the given period, it will be necessary to file a lawsuit.


This lawsuit is the extinction of condominiums, which is a legal means that allows the forced sale of indivisible properties, when the ownership of these is exercised by two or more people, and, among them, there is no longer the will to keep the property in ordinary.

Art. 1,322. When the thing is indivisible, and the consorts do not wish to award it to only one person, indemnifying the others, the calculated amount will be sold and distributed, preferring, in the sale, under equal conditions of offer, the unit owner to the stranger, and between the joint-owners who have the most valuable improvements in the thing, and, if there are none, the one with the greatest share.

It is important to clarify that the law establishes that the heirs have preference to buy the shares of others , for the price of the appraisal.


Disposal, in turn, is a form of extinction of the condominium and this is exactly the name given to the applicable legal measure in these cases: condominium extinction action.

If there is no interest from any of the heirs, there may be an auction for the sale, as determined by law.

Art. 730. In cases expressed by law, if there is no agreement between the interested parties on how to carry out the sale of the property, the judge, ex officio or at the request of the interested parties or the depositary, will order it to be sold at auction, observing the provisions of Section I of this Chapter and, as applicable, the provisions of  Arts. 879  to  903  .


In this case, the  property  can be auctioned off by any interested party who offers the best bid, being accepted as a minimum bid the value corresponding to half of the valuation made by the expert.


In either situation, once the asset is sold, the amount paid will be divided among the joint owners in proportion to their respective shares.


It should also be noted that marital status interferes with the purchase and sale of real estate. Therefore, if one of the heirs is married, it is necessary to pay double attention to legal procedures.


However, it is essential to know that the agreement between the heirs is always the best way forward, since legal proceedings are costly and usually take time, which can cause emotional distress between the heirs and, in the end , regardless of the resistance offered , the property will be sold.

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