You certainly can’t force an heir to sell, but the others don’t have to remain forced co-owners either. Having a home affects the payment of taxes and leads to a series of expenses between its maintenance and other important repairs that the property may require. For one reason or another, the law contemplates some alternatives for cases in which an heir wants to sell and another does not.
When the property is awarded to an heir, we will consider the following scenario:
Margarita has passed away and has left a single home to hers, two of her sons, Juan and Fernando. Juan wants to sell the property, but Fernando is against this idea. Because a house is indivisible, the consent of both heirs is required to sell the inherited property. However, there are laws that provide alternatives to solve this type of situation. In this case, Fernando would have the option of being able to repurchase Juan’s share in the property and thus keep the home, it is recommended that the property be appraised and buy the share from his brother based on an appraisal value, this will help reduce conflicts.
There are acts in the conciliation of the heirs, before going to a judicial process it is always advisable to have the conciliation through the mediation of a third party, although it is not necessary to have the advice of a lawyer, it is highly recommended to have one of these experts, as they are aware of inheritance issues and may have options to resolve these conflicts. In addition, the figure of the Real Estate broker helps a lot to improve communications between the heirs.
Likewise, there are 3 possible situations that arise to solve these problems.
1- If an agreement is reached, the conflict is resolved in a simple way
2- An agreement is reached, but later it is not fulfilled, an option must be requested in court
3- If an agreement is not reached, the matter would be left in the hands of justice
On the other hand, what happens if one of the heirs does not want to sign? If one of the heirs does not want to sign in the process of the sale of an inherited property, this can generate legal complications, the consent of all the heirs is needed to carry out this sale, it is important to seek a solution through negotiation , mediation or other legal means to reach an agreement and achieve the sale.
How many people must agree to sell an inherited property?
In this case, a property that is inherited, all the heirs must agree to sell it, which is why the unanimous consent of all those involved is required. However, a judge might find that the sale should go through in some situations.
What happens if the heirs want to sell and you don’t?
In the event that, if two heirs want to sell and the other does not, it will be necessary to try to resolve the situation. The best thing to do is request mediation to avoid going to trial and having higher expenses.
Finally, it should be noted that the figure of the Real Estate broker is essential for communication between the heirs involved in the process. This professional makes a big difference by helping the communication and mediation process run smoothly.