necessary procedures and taxes
Accept the inheritance
Sale of inherited house
Conflicts between heirs
Frequent questions
Accept the inheritance
Before beginning the process of selling an inherited home, it is essential to follow a series of formal steps. The first thing is to accept the inheritance. This requires certain documentation:
Death certificate.
Certificate of last wills.
Will of the deceased, if it exists.
We may encounter the situation of whether or not a will exists. If there is a will, the notary makes an inventory of the assets and debts and a deed of division of the inheritance is created.
But in the event that there is no will, the notary will determine the legal heirs and an act of declaration of heirs will be generated, followed by the partition deed.
Once the inheritance is accepted, you must take care of the taxes related to the inheritance. On the one hand, the Inheritance and Donation Tax, which must be paid when receiving the inheritance. Its rate varies depending on the autonomous community and must be paid within six months after death.
The other tax that is paid is known as the municipal capital gains tax. This levy calculates the increase in value of urban land and must also be paid within six months.
With the new inheritance partition deed, the ownership of the home can be changed in the Property Registry, after payment of the corresponding taxes.
Sale of inherited house
Once the inheritance is accepted, the corresponding taxes paid, and with the changes made in the Registry, the property becomes the property of the heirs in the proportion agreed upon in the deed.
Now, it is time to coordinate between the heirs to take the next steps in the sale of the inherited home. Communication between them must be clear and in search of consensus, so seeking professional advice can avoid conflicts. It is good to value the property and establish an appropriate market price.
It will also be necessary to prepare the home for sale, such as the possibility of carrying out cleaning and basic repairs on the property, so as to make it more attractive to potential buyers.
To those interested, we must offer transparency about the legal situation of the home and have all the papers in order. As the negotiation can be between several people, buyers and heirs, it is best to maintain a flexible and negotiating attitude, both in the price and in the conditions of sale.
If an agreement is finally reached, it is time to formalize a purchase and sale contract that includes the agreed conditions and the rights of all the heirs involved.
As soon as the property is sold, the money is distributed among the heirs according to their participation fee, but it must also be taken into account that taxes must be paid on the capital gain obtained from the sale, through the declaration in the personal income tax corresponding to the year of the transaction
Conflicts between heirs
Conflicts, arguments and confrontations can occur in inheritances. The recommendation is to talk a lot, trying to reach an agreement amicably.
Although legal confrontation should be avoided at all costs, it is not always achieved. If there is a disagreement regarding the distribution of the inheritance, there are legal options available to resolve these disputes.
One of the possibilities is to request the termination of the condominium, which involves dividing the property into individual parts so that each heir has exclusive ownership over their portion. This allows each person to freely dispose of his or her part of the property and to sell it or use it without the need for the consent of the other heirs.
Another alternative is to sell the part of the inheritance to a third party, an action known as “proindiviso sale.” This option is valid when one or more heirs wish to separate themselves from the property without the unanimous agreement of all co-owners. It is important to note that this sale can occur, but typically involves a below-market price due to the special circumstances of the transaction.
Another situation that can be created is that there is opposition to the sale of the inherited house by one or some of the heirs. In these cases you can resort to the division of common property. This legal procedure seeks to resolve condominium conflicts, allowing a judge to order the forced sale of the property and the subsequent distribution of the product obtained among the co-owners, when there is no agreement between them for the voluntary sale.
One of the most frequent doubts among heirs is whether there is a legal deadline to sell the inherited house. Well, since September 2021, there is no established legal deadline to sell an inherited house in Spain. Previously, it was required to wait a certain period before selling the property, but that restriction was eliminated from the Mortgage Law.
The time limitation that previously prevented early sales no longer exists, providing greater flexibility in marketing the property.
Another question that arises is when one of the heirs lives in the property. If an agreement is not reached, the heirs could initiate an eviction action due to precariousness.
If one of the heirs resides in the inherited home and there is no agreement between the co-owners for his permanence, the other heirs can take legal measures to evict that person.
In these situations, a legal action known as “eviction due to precariousness” can be initiated, through which the possessor without legal title is sought to abandon the property, since he or she lacks an established agreement or right that allows him or her to remain in it.
