New proposal allows heirs, widows or executors to force the sale of properties in undivided inheritances without agreement.
Source: Adobe Stock
Author: Redaction
Sale of property without heirs’ agreement
The Government presented a bill to the Assembly of the Republic aimed at facilitating the sale of properties in undivided inheritances, allowing any heir to proceed with the sale of the home when there is no consensus.
The measure also applies to widows under community property regimes and executors, and allows the forced sale of properties two years after the opening of the inheritance. If an inheritance inventory process is underway, this deadline is no longer required, speeding up the resolution of undivided inheritances.
Rules and exceptions in inheritance sales
The proposal establishes the creation of an executor with expanded powers in managing the inheritance, including administration and distribution duties, taking on a role similar to the head of the estate. The aim is to streamline the management of undivided inheritances and reduce deadlock among heirs.
Other entities may intervene without forcing the sale, such as the Public Prosecutor’s Office and creditors. However, there are exceptions: it is not possible to proceed with the sale of properties in undivided inheritances when they are the family’s permanent home, seized assets, or insolvency cases.
Sales process and property valuation
The process for selling properties in undivided inheritances will be divided into two stages. First, the property is valued to establish a reference price. Then, the sale proceeds if there is no agreement among heirs.
If there is no consensus on the price, the court sets the value based on independent assessments and the property may be sold through electronic auction. The proposal also includes the right of redemption, allowing one heir to keep the property by paying the sale price, keeping it within the family.
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