Heirs who disagree
When the heirs do not agree on what there is in Spain
Nobody is obliged to stay in an undivided inheritance forever. If an heir will not sign, does not answer from abroad or wants to keep the house, and the Civil Code governs the inheritance, there are ways to divide it without their signature: before a notary if the heirs who agree hold at least half of the estate, or in court. If another law governs it, that law decides how it is divided, and I work with a lawyer from that country. I try to reach an agreement first, with those ways as a real alternative if it does not come.
Saúl Rosell Manglano · Inheritance in Spain · Madrid · ICAM 83.198
30 days
Time an heir has to accept or renounce after being formally required through a notary. If they do not answer, they are treated as having accepted.
50%
Heirs who hold at least half of the estate can ask a notary to appoint someone to divide it, without the signature of the heir who blocks it.
1 heir
Is enough to ask for a house that cannot be divided to be sold at a public auction, if there is no agreement.
The law of another country, always with a lawyer from there
I am a Spanish lawyer and I advise on Spanish law, including the European rules that Spain applies to inheritances. When part of the case depends on the law of another country, for example because the deceased chose it in their will, or because there are assets or taxes there, I do not advise on that law on my own: I work together with a lawyer from that country, yours if you already have one. Before we start, I tell you who that lawyer is and what each of us will do.
An heir who will not sign, or does not answer
Under the Civil Code, if an heir does not say whether they accept, anyone with an interest can ask a notary to formally require them. From then on they have thirty calendar days; if they do not answer, they are treated as having accepted, debts included.
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If the will appointed someone to divide the estate, that person divides it.
If not, the heirs who hold at least half of the estate can ask a notary to appoint one. That division is approved by the notary, unless all the heirs confirm it, and does not need the signature of the heir who blocks it.
Otherwise, any heir can ask a court to divide the estate. It takes longer and costs more, but it ends the deadlock.
The house: one wants to keep it, another wants to sell
If the house cannot be divided, it can be allocated to one heir who pays the others their share in money, if everyone agrees.
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But one heir is enough to ask for it to be sold at a public auction, open to outside buyers. Nobody can force another heir to sell their share to the rest, or to buy someone else's: without an agreement, the whole house is sold.
At an auction nobody controls the price. That is why seriously proposing an auction is often enough to reach an agreement.
If after the division the heirs own the house together, it is no longer an inheritance but a property in common, and the co-ownership can be ended. If the house cannot be divided and one of you keeps all of it and pays the others, the tax is much lower than on a sale.
One heir lives in the house, or rents it out
While the inheritance is undivided, the house belongs to all the heirs. Each of them can use it, but none can keep it for themselves and shut the others out without their agreement. If one does, the others can ask a court to make it available to all.
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If an heir rents it out, the rent has to be shared in the division, and what each one spent on necessary repairs is repaid to them.
Claiming rent for the time an heir lived there is not automatic: if the others consented, it is usually not paid. That is why it is worth asking in writing, as soon as possible, for the house to be vacated or paid for.
Money taken from the accounts, and gifts during life
Being a joint holder of an account, or authorised on it, does not make anyone the owner of the money: what belonged to the deceased belongs to the estate.
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Money taken out after the death has to be returned to the estate. Money taken out before, with a power of attorney or a card, has to be accounted for, and what is not justified is counted in the division as a debt of that heir.
What a child received as a gift during the parent's life is counted in the division among the children who inherit, unless the parent exempted them, and it always counts when the reserved shares are calculated.
Between parents and children, and between brothers and sisters, taking money without violence is usually not punished in criminal law: it is returned in the division. There are exceptions, such as taking advantage of a parent who was vulnerable. Criminal law is my main field, so I can tell you whether your case has a criminal side.
Heirs in different countries
When the heirs live in different countries, the division of the Spanish assets can be signed before a Spanish notary, and each heir can sign through a power of attorney from their own country.
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If the dispute reaches a court, which country's courts decide depends on the European rules: in principle, those of the country where the deceased lived. If they lived in Spain, the Spanish courts can decide on the whole estate, although if the deceased chose the law of another EU country, the Spanish court may leave the case to the courts of that country.
If part of the dispute depends on the law of another country, I work together with a lawyer from there.
How we will understand each other
I work in Spanish. With clients abroad I use translation tools to read and answer messages, and we manage well that way. The documents Spain needs from your country go with a sworn translation where required, and I tell you which ones before you ask for them. If you write to me in English, I will answer you.
Common questions
My brother lives abroad and does not answer. Can we divide without him?
Yes. First he can be formally required through a notary to say whether he accepts: if he does not answer within thirty days, he is treated as having accepted. Then, if the heirs who agree hold at least half of the estate, a notary can appoint someone to divide it without his signature; if not, a court can divide it.
Can they force me to sell the house?
Yes, if there is no agreement. Nobody is obliged to stay in an undivided inheritance. If the house cannot be divided, it can be allocated to one heir who pays the others, but one heir asking for an auction is enough for it to be sold. That is why negotiating first almost always pays off.
Can I sell my share of the inheritance?
Yes, but if you sell it to an outsider before the division, the other heirs can take it over by paying the same price the buyer paid, within one month of being told of the sale.
How long does a division in court take?
Often years: in the decisions I have analysed, several years frequently pass between the claim and the judgment on the division. That is why an agreement, or a division by a person appointed through a notary when possible, is usually the better option.
Can I report my brother for taking money from our parents?
Between brothers and sisters, taking money without violence is usually not punished in criminal law, and the money is claimed in the division. The exception is taking advantage of a parent who was vulnerable because of age or disability. Even then, you can report it, but it is the public prosecutor who brings the case, not you. Before reporting anything, it is worth checking with me whether your case has a criminal side.
An inheritance with something in Spain?
Tell me where the deceased lived, their nationality and what they owned in Spain. I will tell you which law applies and what has to be done here, and send you a written quote, free of charge.
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