Hereditary community

The Provincial Court (AP) of A Coruña has resolved a very common case in inheritances, such as what to do when the heirs receive as the only asset a real estate property and there is no agreement on who should keep it.
inherited a house , which was the only asset in the inheritance and was indivisible. Some of the siblings asked the court to end the "hereditary community" and sell the house or auction it to distribute the money. However, another sibling opposed, stating that first the partition and liquidation of the marriage economic regime had to be done, and also requested to stay in the house due to his disability and the care provided to his parents, as well as to be reimbursed for what he had spent on works carried out in the home.
division of the common asset can be directly requested, without the need for prior settlements or formal partition if there are no other assets, and if the house cannot be divided, the appropriate action is to sell it. There is no need to wait for accounts or assets to be distributed if there are none, and all heirs can request the sale.
right of habitation or reimbursement for works because the brother who requested them did not follow the correct procedure as he should have expressly and formally raised it , by presenting a "counterclaim" (that is, formulating a new claim within the same procedure), which he did not do. Thus, these requests do not prevent the division and sale of the property if there is no agreement among the heirs.
the most effective approach is to request its sale even if the formal distribution has not been made, and it emphasizes the importance of correctly presenting any additional request in the lawsuit.

In inheritance disputes, our professionals can advise you on the defense of your claims and rights.