Can an inherited house be divided?
Inheriting a house when there are several heirs involved can generate doubts and conflicts. One of the most frequent questions is whether an inherited house can be divided compared to other options such as selling it, renting it, and trying to reach an agreement among heirs.
In this article, as Notaries for inheritances, we explore the options available when several heirs share a property and what steps to take to avoid problems. If you find yourself in this situation, keep reading to learn about the best solutions and how to manage them easily.
Dividing properties in inheritances: the concepts of proindiviso and prodiviso
The undivided co-ownership occurs when several people own the same asset. This term is also known as co-ownership or community of property. When we talk about economic amounts in an inheritance, it does not pose any problem, as an amount can be divided according to the number of heirs. But how to divide a real estate property? For example, children who inherit a house that cannot be divided.
The Indivisible Joint Ownership Property
With the term indivisible pro indiviso we precisely refer to this aspect. Indivisible homes in which the heirs have to decide how to divide it respecting the current legislation.
How to divide a house in inheritance when it is an indivisible co-owned property?
In the case of indivisible joint ownership property there are different options to consider:
- Sharing the home among heirs (the heirs share the ownership with the same rights and obligations), each having a share or percentage of the ownership of the same asset.
- Reaching an agreement for the usufruct of the home.
- Executing a deed of sale of homes or of termination of co-ownership between heirs or to third parties.
The choice among these options can be made by mutual agreement (established by public deed before a Notary) or through judicial means (by inheritance division claim or division of common property claim).
Among the possible solutions, one of the most useful is the termination of co-ownership, which is a deed in which one of the heirs keeps full ownership of the asset, paying the proportional part to the other siblings. It is similar to a sale but with tax advantages, as it pays less tax.
Discover more about inheritance division here:
The Divisible Prodiviso: what happens if the property is divisible?
Indeed, an inherited house can be divided into parts if the heirs agree and as long as the property is divisible. This is known as divisible pro indiviso.
This usually happens with large houses or plots of land. For this, there must also be a negotiation between the heirs which, once agreed upon, must be formalised in a public deed of division of the inherited property, which must be signed by all the heirs and registered in the Property Registry.
That said, it should be taken into account that in the case of land, the legislation is different depending on whether the land is rural or urban (the latter being subject to urban planning legislation).
The public deed of division of the inherited property
The agreement reached by the heirs will be reflected in the public deed of division of the inherited property. It includes:
- The personal details of the parties involved: name, surname, DNI, address, and relationship with the deceased in the inheritance.
- The description of the house or property: cadastral identification, location, description, and value.
- The division of the property agreed upon into plots (generally in equal parts).
Taxation for dividing an inherited house
This decision is subject to two charges:
- Inheritance and gift tax.
- Tax on documented legal acts.
You can learn more about inheritance expenses in this post:
The final step: registering the division of the inherited house in the Land Registry
As Notaries before whom the signing of the deed of division of inherited property in Barcelona can be carried out, we can register the deed in the Property Registry. However, anyone wishing to carry out this procedure must gather the following documentation and submit it within the following 60 working days after its execution:
- Public deed of division of inherited property.
- Proof of payment of taxes paid.
- Cadastral documentation.
FAQs about the division of inherited house
In Spain, dividing a house into two independent dwellings is possible, but it must comply with certain urban planning and legal regulations. One of the key requirements is that the property has the divisible provision, which allows its division into two independent registered properties.
Indeed, if this is the number of heirs, it is also possible to divide a house into three parts provided that an agreement has been reached and the legal and urban planning requirements are met. The feasibility will depend on municipal regulations, the characteristics of the property, and whether the division is physical (three independent dwellings). To divide it, bear in mind that each dwelling must have its own access, independent utilities (water, electricity, gas), and comply with habitability conditions. You may need a technical project prepared by an architect and a municipal division licence. Whatever your situation, know that at JLA Notarios we can work on your specific case to provide the best legal solution.
The cost of the public deed for the division of an inherited property can vary depending on various factors, such as the value of the property, the complexity of the partition, and the notary's fees.
The intervention of a notary is essential to formalise the deed of acceptance and partition of the inheritance. Notarial fees are regulated and depend on the value of the inherited assets. Request a quote tailored to your case and we will provide it without obligation, so you can make the most informed decision.
Public deed of division of inherited property in Barcelona
Dividing an inherited property can be a complex process, but with the right advice, you can manage it quickly and safely. At JLA Notarios, notary in Barcelona, we help you if you need Notaries for a inheritance partition in Barcelona and to process the deed of division of inherited property or termination of community. Do not hesitate to contact us today and we will guide you through every step of the process.
You can do so via our email bcn@jlanotarios.com, the contact form on our website or by clicking the WhatsApp button. We hope that, with this article, your doubt about whether an inherited house can be divided has been resolved.
