Inheritances and Co-Ownership
Co-owning a property works as long as all the co-owners want the same thing. The trouble starts when one wants to sell and another doesn't, when one lives in the home and the others get nothing in return, or when the same person always ends up paying the expenses and the property tax (IBI). These situations can drag on for years because nobody really knows how to get out of them.
The good news is that the law doesn't force anyone to stay in a co-ownership arrangement indefinitely. There's always a way out. At La Propiedad Consulting, we first look for the fastest and least expensive one, which is reaching an agreement, and when that isn't possible, we go to court with a clear strategy from the start.
Different Situations & Different Solutions
Inheritances Involving Real Estate
We guide you through the entire process: the declaration of heirs, inventory and valuation of the assets, the estate partition document (cuaderno particional) and allocation of assets, the deed of acceptance of inheritance, and registration in the Land Registry. We pay special attention to tax deadlines, because Spanish inheritance tax (Impuesto sobre Sucesiones) has a short filing deadline that can only be extended if you request it in time. When the heirs can't agree, we handle court-supervised partition of the estate and the appointment of an estate partitioner (contador-partidor).
Dissolving Co-Ownership by Agreement
This is almost always the best option: one of the co-owners takes over the property and compensates the others, or the property is sold to a third party and the proceeds are divided. We negotiate the terms, the valuation, and the payment method, and we prepare the deed. When properly structured, dissolving the co-ownership also receives significantly more favorable tax treatment than a sale between co-owners, a difference that can add up to several thousand euros on higher-value properties.
Court-Ordered Partition
When there's no agreement, we file a partition action. If the property can be physically divided, it's split up; if not (which is usually the case with a home), it's sold and the proceeds are distributed among the co-owners according to their shares. From the outset, we explain the realistic timeline, the cost of the proceedings, and the risk that the sale price may fall below market value, so you can make your decision with all the facts.
Claims Between Co-Owners
We take action against a co-owner who has exclusive use of the property without compensating the others, seeking appropriate compensation for that exclusive use. We also handle reimbursement of maintenance costs, taxes, utilities, and special assessments paid by just one of the co-owners, as well as claims for rental income that was collected but not shared when the property is rented out.
Selling Your Share, Right of Redemption, and Third-Party Offers
If you want to sell your share, we look at your options and negotiate with the other co-owners. If another co-owner has sold their share to a third party without offering it to you first, we assess whether to exercise your right of redemption (derecho de retracto), which has a deadline measured in days and is extremely easy to lose. And if you've received an offer from a company that specializes in buying shares of co-owned properties, we'll review it with you before you sign: these deals are usually legal, but the price is typically far below the real value of your share.
How We Work
We listen first. Before giving any opinion, we need to understand your specific transaction: what documents have been signed, what has been discussed, and what has been paid.
We tell you where you stand. If a claim isn't viable or the cost outweighs the expected result, we'll say so from the start. We'd rather lose a case than see you lose time and money.
Fixed quote, no surprises. You'll know the cost of our services before you hire us.
A single point of contact. The lawyer who studies your case is the same one who negotiates, signs, and calls you.
Tell us about your situation. We'll review whatever documents you have and tell you clearly where you stand and what your options are.