When multiple siblings inherit a house?

Can rent be charged to an heir

One of the most conflictive situations in the inheritance field takes place at the moment of selling an inherited apartment among several siblings and dividing the amount of the inheritance, especially when it is an indivisible property, such as a house.

It is common that at the moment of selling an inherited apartment, not all the siblings are in agreement. One of the most frequent doubts is: Can a house be sold if one of the heirs does not agree? Continue reading this article to know the keys to reach an agreement…

I live in an inherited house and my siblings can kick me out.

Within all the possibilities that exist at the time of inheriting an apartment, there is the option of inheriting an apartment between several siblings. In most cases, there is no difference between the parties to reach an agreement to find a solution. But, what happens if there is not an agreement for all the parts? If you are involved in an apartment inherited between several brothers, today, we give you a solutionWe are going to detail the different divergences that worry families at the time of inheriting a property in these conditions. From what is a community of goods, to give answers to the most frequent questions about this process.

As we have mentioned before, the most usual thing is that at the time of inheriting a property between brothers there is a previous agreement.    But also other differences begin to come to light that prevent to take a fast way for the resolution of this inheritance, for example, when there are 4 siblings who own a quarter of the inherited property, and one intends a very different purpose to the majority. In such cases, how can we manage the community of property between siblings?

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When siblings inherit

First of all, it is important to understand the concept of joint ownership, co-ownership or community of property, legal terminology that gives name to the right of ownership of an indivisible property shared by several persons – for example, over a house – so that each person has an abstract share in it. Some common situations that result in joint ownership are, for example, a divorce or also an acceptance of inheritance between siblings without division.

On the other hand, for there to be undivided ownership or co-ownership, the siblings must have awarded the inheritance to each other. For this and first of all, if there is no will, it would be necessary to initiate the procedures for the notarial declaration of heirs and, if there is one, to abide by the will expressed therein. None of the siblings is obliged to accept the inheritance: if nothing else is specified and one of them renounces, the inheritance would be distributed among those who do accept.

The acceptance of the inheritance is made before a notary and, in addition, in the same act, the siblings can establish an agreement on how to divide the estate (for example, establishing lots of similar value together with the rest of the goods or estate, if any), agree that one of them will keep the house compensating the other one or establish a community of goods for the moment.

Can an heir be evicted from a house in Colombia?

At the time of the partition of the inheritance, if a property has been awarded in parts, a proindiviso or co-ownership is produced.  At the time of selling these properties, there is a right of withdrawal in favor of one of the co-owners.  That is to say, one of the co-owners can refuse to sell and buy his part from the others. This is known as an extinction of condominium and has a better tax treatment than a normal sale.

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It is very common that there is no agreement at the time of selling a property, either because the property does not want to be sold or because there is no agreement on the sale price. Then one of the parties can go to court to exercise an action of division.