Inheritance

Co-ownership: How to Sell an Inherited Property Without Agreement Between Heirs

When several heirs share a property and there is no agreement, there is a legal way out. We explain the options.

Inheritance · Updated January 2026 · 5 min read

Co-ownership (proindiviso) exists when several people co-own the same property, very common when inheriting a home among several siblings. The problem arises when some want to sell and others don't.

The options

Agreement between co-owners: the ideal. One buys out the others' shares or they all sell together.
Selling your share to a third party: possible, although the other co-owners have a pre-emption right.
Action to divide the common property: if there is no agreement, any co-owner can judicially request the end of the co-ownership; the court may order a sale by auction and distribute the price.

Taxation

Ending the co-ownership has more favourable taxation (Stamp Duty) than a sale, if done correctly. We plan it to minimise taxes.

Frequently asked questions

We answer your questions

Can I force the sale of an inherited property if a sibling refuses?

Yes. No co-owner is obliged to remain in the co-ownership: you can bring the action to divide the common property to end it, seeking an agreement first.

What taxes apply to ending a co-ownership?

It generally pays Stamp Duty (lower than the Transfer Tax on a sale) if it is allocated to one party who compensates the others. It must be done correctly to avoid being taxed as a transfer.

Sharing an inheritance with no agreement?

We first seek a settlement and, if not possible, the legal route so you can sell your share.

Request a consultation