A house, three brothers and three different ideas of what to do with her. It is the most common scenario—and the most delicate—of inheritances with a home.. Here you have the real options for sell a house inherited between siblings (o quedarsela uno), What does each one cost and how to prevent the property from breaking up the family.
The starting point: el prodiviviso
When awarding the inheritance, the house is usually co-owned: Each brother owns a percentage of the entire house, not of specific rooms. No one can sell the entire house without the others, but neither can anyone be forced to remain in co-ownership: the law always offers a way out.
Option 1: sell together (the one that distributes the most money)
Everyone signs the sale and the price is distributed according to percentages. It is the option that maximizes the amount, because the market pays for the entire house. The keys to make it work: a price set with a objective assessment (not with each one's sentimental number), a single interlocutor with the agency and written agreements on expenses and distribution.
Option 2: a brother keeps it (condominium extinction)
One buys the share of the others by extinguishing the condominium before a notary. Fiscally it is more efficient than a sale between brothers: taxed by AJD (around the 1,5% in the Valencian Community) instead of by ITP. It requires a good appraisal of the house and that the person who keeps it has financing.: Banks grant specific mortgages for condominium extinction.
Option 3: sell only your part (the worst economically)
Sell your percentage to a third party (companies that buy proindivisos) it's legal, but you pay with huge discounts, often half the proportional value. It's the option of desperation, not of the strategy.
Option 4: the judicial route (division of common thing)
If there is no agreement, Any co-owner can ask the judge for division; being an indivisible house, ends up in auction. Typical result: less money than in free sale, years of procedure, coasts and a broken family. Its true usefulness is as an argument to sit down and negotiate.: exists, and no one wins with it.
What if a brother lives in the house or doesn't want to sell??
Whoever uses the home exclusively may be required to compensate others, and whoever blocks the sale cannot prevent the judicial division. Before we get there, almost all conflicts are resolved with two tools: an impartial assessment that replaces opinions with data, and clear options on the table (I buy you, you buy from me or we sell).
At Mayrasa we act as a neutral partner in sales between siblings.: objective valuation with real sales, equal information for all heirs and complete sales management with a single interlocutor. If you are in this situation, we help you decide with numbers, not with discussions.
The taxation of each exit, compared
Before choosing an option, it is advisable to know how each one is taxed., because the difference between distributing well or poorly can be several thousand euros. These are the four exits and their indicative tax treatment in the Valencian Community:
| Option | How to pay taxes | To take into account |
|---|---|---|
| Sell together to a third party | Personal income tax on profit (inheritance value → sale price) plus municipal capital gains for the period since the inheritance | It is distributed among everyone according to their quota |
| Condominium extinction (one keeps the house) | AJD, around the 1,5%, instead of the ITP of a sale | Only the person who wins the house pays it.; usually need mortgage |
| Sell only your share to a fund | IRPF on your proportional gain | Heavily discounted price; the worst economically |
| judicial division (auction) | Just like a sale, calculated on the auction price | The costs are added and the auction is usually below market |
They are indicative figures: The exact amount depends on the value of the house, of the years that have passed and your personal situation, so it is advisable to confirm it with an agency before signing.
How the money is distributed and who bears the expenses
While the house is not sold, continues to generate expenses that someone has to advance. Putting this in writing from the beginning avoids most friction.:
- Current expenses: community, THE PLACE, garbage rate, supplies and insurance are distributed according to the quota of each brother.
- Who advances: The usual thing is that one pays and is compensated in the final distribution; Write down each payment with its receipt.
- Tuning: emptied, cleaning and small repairs are also distributed, and they usually recover more than in the sale price.
- When closing: Municipal capital gains and pending expenses are deducted from the price., and the rest is distributed by percentages.
- Community certificate: ask the administrator for the certificate of being up to date; The house is responsible for the installments of the current year and the previous three.
A single interlocutor: the key to not breaking up the family
When each brother speaks on his own with the agency, with the buyers or with the notary, Contradictory versions appear and distrust grows. Designate a single person – a brother or the real estate agency directly – to centralize visits, Offers and decisions turn a negotiation between several into an orderly process. The other piece that reduces tension is to replace opinions with data: a objective assessment with real sales in the area leaves behind the “for me it's worth more” and makes everyone argue about the same figure.
Mistakes that break the family (and the operation)
- Set the price based on sentimentality instead of actual sales closed in the same area.
- Negotiate all at once with buyers and agency, giving contradictory messages that knock down offers.
- Confusing termination of condominium with sale and pay ITP when the AJD corresponded, much cheaper.
- Sell the part to a proindivisos fund to the first discussion, losing half the value.
- Threaten with the court before attempting an impartial assessment: the judicial route leaves everyone with less money.
Frequently asked questions
Can a brother force others to sell?
You cannot force a free sale, but you can ask the judge to divide the common property, and no one is obliged to remain in co-ownership. Since the house is indivisible, that road ends up in auction, with less money for everyone. That is why the judicial threat works above all as a push to negotiate.
Is it better to terminate a condominium or buy and sell between siblings??
Almost always the extinction of condominium, because it is taxed by AJD (around the 1,5% in the Valencian Community) instead of by ITP. It requires appraising the house well and that whoever keeps it has financing; There are specific mortgages for this case.
What happens if a brother lives in the house and doesn't pay anything??
Whoever uses the home exclusively may be required to financially compensate the other co-owners for that use.. You don't lose your share by living there, but it cannot indefinitely block the exit of the others..
Can you sell if one of the heirs lives abroad?
Yeah. You can grant a power of attorney in your country—with a Hague apostille and sworn translation—for someone to sign for you., both distribution and sale. If you are also not a tax resident in Spain, the buyer will retain a 3% of the price on account of your taxes.
