The proverb says that he who leaves an inheritance leaves quarrels. We all know well-established families until it was time to distribute a legacy. This occurs especially when it is a proindiviso property – an asset whose ownership falls to several people, so none of the new owners are the owners in its entirety – and an agreement is not reached on what should be done with it or who can enjoy it. .
The dispute can be bitter and long, and while it lasts it is likely that you will have to face expenses – from taxes to the community fee to possible spills if it is a home or premises – which are more painful when you cannot have access to the property. that good. Hence, many choose to save themselves headaches and get out of the way by selling their share. As such, they agree on a price and let someone else deal with the rest of the heirs.
Selling a proindiviso or hereditary rights is a legal way to take advantage of our status as heir and, above all, a more economically attractive alternative than the mere renunciation that can be so tempting in the midst of a family war. In fact, you can even sell bare ownership, that is, the ownership of a good that we cannot use or enjoy, for example, because it is part of a usufruct.
The only thing necessary in any case is to prove that heir status or ownership of the share that we intend to sell of the proindiviso, depending on whether or not the inheritance has already been awarded. It can be done, therefore, without the approval of the rest of the heirs or the usufructuary, in case there is one and he does not wish to transmit that right, which, by the way, will continue to correspond to him even if the property changes owner.
Specialized companies
The buyer can be another of the heirs, but also a third party, either a person or a company specialized in the management of property assets, an option that many choose when the relationship between those involved in the distribution is impossible. «It is increasingly common because there is no need to have the common agreement of the heirs, nor to carry out an appraisal or argue any cause. It could be due to pure disinterest, because you don't need it, you don't have a relationship with the rest of those involved or you don't live in the country and you don't want to worry about the procedures that come with inheriting. However, the most frequent reason is due to family problems, because there is no agreement or provision for it to be reached by good means,” explains Pablo González, responsible for the purchase and sale of inheritance rights and the liquidation of assets at the Grupo law firm. Inherit.
In any case, it is not a bargain. The agreement is only advantageous if we value our peace of mind more than our share of the property in dispute or if we need to immediately receive money even though we know that we are doing worse business than if we endured the struggle and reached a more or less amicable settlement of the dispute. the Heritage.
«Whoever sells knows that, if it materializes, his right to inherit would be worth more than what we give him, but he prefers to ignore it and not have to go through a conflict or even a judicial process. It is also very common for him to come to us due to lack of liquidity, for not having the money necessary to pay the taxes involved in accepting an inheritance,” emphasizes González.
The buyer may be another heir or a third party, whether an individual or a company.
«Each case is different, it cannot be said that we give this or that percentage of the hypothetical market price of a home, which is usual. What we are interested in is putting that apartment up for sale, so we calculate the profitability that we would obtain when it can be done. For that, we look at its value, but also at the expenses involved in taking the position of the heir or the possible existence of debts that we would have to face a part of, such as a mortgage or pending payments with the community of owners,” details the expert.
“To that we must add the forecast we make of the time that could pass before the distribution is resolved,” he continues. «If it is, for example, several cousins who want to settle the matter as soon as possible and we are only going to face the notary fees because they are going to sell me the entire estate, we can offer a price very similar to that of a real estate agency. If, on the other hand, there are more heirs and the process is stalled because one of them lives abroad or is untraceable or because documentation is missing, we will pay less. Although I would say that also in those cases we are the best option because the procedures to be able to collect the inheritance are sometimes very complicated and expensive,” he adds.
Priority
Once the procedure is formalized through a public deed before a notary, the company becomes co-owner along with the rest of the heirs, although they can exercise the right of withdrawal. The law recognizes them priority, so they can require the buyer to resell them the part that he has acquired for the same price that he has paid for it. If they do not exercise this right, from that moment on they will have to make the company a participant in any decision.
«The normal thing is that it costs them less to negotiate with us than with that relative who has sold us his share. Once the sentimental component is removed and we are left with just the numbers, the panorama changes a lot. If we finally see that the agreement to put the property up for sale is impossible, in the worst case scenario we will reach the liquidation of the inheritance through judicial means. It's a risk we take. You don't always win, sometimes you just draw,” concludes González.
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