
In the field of inheritance, the sale of a property can be an emotional and complex process for heirs. In order to make this process easier, we have put together a quick guide detailing the crucial steps and inherent taxes involved in successfully completing the transaction.
- Accepting the Inheritance and Handling Taxes: Before starting the sale, it is essential to accept the inheritance, for which documents such as the death certificate and the will, if any, are required. Subsequently, the corresponding taxes, such as the Inheritance and Gift Tax and the municipal capital gains tax, must be processed. The new deed of participation will allow the ownership to be changed at the Land Registry, completing this initial stage.
- The new deed of participation will allow the ownership to be changed at the Land Registry, completing this initial stage.
- Sale of the Inherited House: After accepting the inheritance, paying the taxes and updating the Register, the property passes into the hands of the heirs. Collaboration between them is key at this stage, where professional advice can avoid conflicts. Preparing the property for sale, establishing a market price and maintaining transparent communication with potential buyers are essential steps. The formalisation of the purchase contract concludes this stage, with the money being distributed among the heirs.
- Conflicts between heirs: In case of disagreement, dialogue is crucial, but if it becomes necessary, there are legal options. Extinguishment of the condominium, sale of proindiviso or division of common property are possible ways to resolve disputes and allow each heir to dispose of his or her share of the property independently.
- Frequently Asked Questions: One of the most frequent doubts among heirs is whether there is a legal deadline for selling the inherited house. Well, since September 2021, there is no legal deadline to sell an inherited house in Spain, providing flexibility to the heirs. In addition, when faced with the question of whether one of the heirs resides in the house, the action of eviction by precariousness can be a legal solution in case of lack of agreement between the co-owners.
In summary, selling an inherited house involves a number of formal steps and legal considerations. With this, we offer a useful tool to approach this process in an informed and efficient manner, ensuring success and harmony between the heirs. And, if you have any doubts or queries, please do not hesitate to contact us!