Inheritance disputes can turn even the closest families into battlefields. When it comes to jointly inherited property, things often spiral out of control: one heir moves into the shared apartment, leaving the others faced with a fait accompli. What can you do if compromise is impossible and the conflict keeps escalating?
Such situations are becoming increasingly common in Spain. Although the law provides clear mechanisms for resolution, in reality, emotions often take over. It’s crucial to understand what rights each heir has and what steps can be taken to avoid losing out.
Heirs’ Rights
When an apartment is inherited by several people, this creates what is known as a ‘proindiviso’ situation—each co-owner has equal rights to the property, but none can make decisions alone. If one heir chooses to live in the apartment, the others automatically lose the ability to use or rent it.
Legally, one heir living in the inherited apartment does not make them its sole owner. All expenses related to the upkeep—taxes, utilities, repairs—must be split according to each share. In practice, however, things often go differently: the resident heir pays only part of the costs or avoids them altogether, leading to resentment among the others.
Resolution Options
If a peaceful agreement cannot be reached, the law offers several solutions. The first is to try to convince the heir living in the apartment to voluntarily leave or accept compensation. The second is to initiate a procedure to sell the property and divide the proceeds among all co-owners.
If one of the heirs categorically refuses to vacate the property, the others may go to court. There are two possible scenarios: if the dispute arises before the official division of the inheritance, an eviction procedure under the ‘precario’ principle (desahucio por precario) is applied. If the conflict arises after the shares have been formalized, the matter is handled through ordinary civil proceedings.
Legal nuances
It’s important to distinguish between two types of property use: ‘precario’ and ‘comodato.’ In the first case, it refers to temporary, free occupancy without specific terms, while in the second, it means gratuitous use with defined terms and purposes. The choice of strategy to protect the interests of the other heirs depends on this distinction.
Case law shows that if one co-owner obstructs the sale or rental of the apartment, the others have the right to request its sale through the courts. After the sale, the proceeds are divided proportionally according to the shares. However, the process can take months or even years if the parties do not agree to compromise.
Financial issues
Special attention should be paid to the expenses of maintaining the apartment. Even if one heir lives in it, the others are still required to share in paying taxes and utility bills. However, the court may order the resident to reimburse the others for their share of expenses or even pay rent for using the jointly owned property.
In some cases, the parties agree to allow one heir to live there temporarily, with compensation to follow. But if no compromise can be reached, a court case becomes the only option. It’s important to collect all documents proving expenses and attempts to resolve the conflict peacefully.
The Role of an Attorney
Consulting a lawyer who specializes in inheritance disputes greatly increases the chances of a favorable outcome. An attorney can help choose the best strategy, prepare the necessary documents, and represent your interests in court. Attempting to resolve such issues independently often leads to delays and additional costs.
Remember: every case is unique, and there is no one-size-fits-all solution. Sometimes a single consultation is enough to find a compromise; in other situations, court intervention is unavoidable.
