When several heirs share a property and there is no agreement, there is a legal way out. We explain the options.
Inheritance · Updated October 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.
Ending the co-ownership has more favourable taxation (Stamp Duty) than a sale, if done correctly. We plan it to minimise taxes.
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.
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.
Yes, you can sell your share, but the other co-owners have a pre-emption and redemption right. In practice it is more profitable to agree a joint sale or a dissolution of co-ownership.
You can offer to buy their share or sell them yours; if there is no agreement, you can ask the court to divide the shared asset, which may end in auction. We try the negotiated route first.
According to each co-owner's share at the Registry. Debts and common costs are deducted before distribution. We set it out clearly to avoid conflicts.
We first seek a settlement and, if not possible, the legal route so you can sell your share.
