A long-running dispute among relatives in Málaga has finally come to an end, unexpectedly resolving a question that troubles many heirs: is the sale of an inheritance share valid if it’s carried out only on paper between the parties, without a notary present? The court’s decision was not only surprising but could also change the way similar conflicts are handled in the future.
The story dates back to the early 2000s, when two siblings inherited an apartment after their mother’s death. Each received their share, but soon one of them decided to buy out his sister’s 25% stake. They signed a private agreement, and the payment was made gradually, year after year. It seemed the issue was settled, but two decades later the sister decided to challenge the deal, claiming she was still a co-owner and demanding a division of the property.
Legal Battle
The first verdict came from the court in Antequera, which sided with the plaintiff. The judge ruled that the contract was invalid because it involved not only the mother’s share but also rights to the future inheritance from the father, who was still alive at the time. As a result, the court ordered the apartment to be sold at auction and the proceeds to be divided among the parties according to their shares.
However, this was not the end of the story. An appeal to the Provincial Court of Malaga changed the course of the case. The judges carefully examined the circumstances: the money had been paid, the contract was being fulfilled, and the sister had made no attempt to reclaim her share for many years. This became a key factor in reconsidering the initial decision.
Deal details
The Malaga judges concluded that the sale of the share inherited from the mother was conducted legally. Despite the lack of notarized documentation, the transfer of money and the fulfillment of the contract’s terms were decisive. Moreover, the sum received by the seller turned out to be even higher than what she would have inherited later from her father.
At the same time, the court invalidated the part of the agreement concerning the father’s future inheritance. Under the Spanish Civil Code, transactions involving future inheritances are prohibited. However, this did not affect the validity of the main part of the agreement—the sale of an already existing share.
Supreme Court position
In its ruling, the Malaga court relied on the precedent of the Spanish Supreme Court, which states that the invalidity of one part of a contract does not nullify the entire agreement if the remaining terms can stand independently. In this case, both parties had fulfilled their obligations, and the dispute arose only years later when one party attempted to revisit the settled arrangement.
The court also noted that the parties’ conduct after the transaction is significant. The sister did not demand division of the property for many years, which the court interpreted as proof that the deal was genuine and that she agreed to its terms.
Legal nuances
As a result, the court found that the plaintiff had lost her status as co-owner of the apartment, since she received the full agreed amount and transferred her share to her brother. The claim for property division was dismissed, and the seller was ordered to formalize the notarial transfer of the share—not as a condition for the validity of the deal, but to ensure legal clarity and complete the required formalities.
This decision underscores that in inheritance disputes, both the form and the actual fulfillment of agreements matter. The Malaga judges sided with the factual circumstances rather than formal procedures—setting a potential precedent for similar cases in the future.
In case you didn’t know, the Provincial Court of Malaga (Audiencia Provincial de Málaga) is considered one of the most respected judicial bodies in Andalusia. Its decisions often serve as a benchmark for other courts in the region, especially in matters of inheritance and real estate. The court actively implements modern approaches to resolving family and property disputes, which is why its rulings are closely followed by lawyers and heirs across Spain.
