Once the heirs or beneficiaries have accepted the inheritance and, for whatever reason, share the ownership of one or more properties – urban or rural – an agreement is not always possible, especially when the needs or interests of the different owners do not coincide.
Or when one of the heirs resides on the property of which they own only one undivided, does not pay rent and the rest of the owners do not want to continue to consent to this situation which represents having a property from which no income or profit is obtained and often ends up costing them money because they have to pay taxes, the owners association, etc. and, furthermore, when they are asked to buy their part and, if they cannot, to sell it to a third party, they refuse or, directly, they do not respond.
In such cases -and provided that all avenues of negotiation have been previously exhausted-, the solution can only be found in the Courts, by filing a lawsuit called “Divisió de la cosa comú“, with the aim of forcing the sale to a third party. In the end, if this last option is not possible, the property would be put up for public auction, although at the firm we have sufficient experience to affirm that those who see that they can lose a lot, will take an active position and then agree to sell it to a third party.
The Litigation Department of GABARRÓ ADVOCATS –HERÈNCIES- defends before the Courts both the rights of co-owners who wish to divide jointly owned assets, or those of a defendant who has to take an active position and needs to obtain the best result.
