When a family member dies and his heirsfor example, your children inherit the home in which you lived, the time begins to carry out certain procedures.
Once the corresponding documents have been presented and the corresponding taxes have been paid, the heirs must decide what they are going to do with that home. That’s when doubts and even disagreements arise.
It is possible that one of the heirs wants to keep the house and make it their habitual residence while others opt for the sale. In any case, everything must start from the agreement between all the co-heirs.
From the ‘Lawyers and Inheritances’ blog, several assumptions stand out in the event that one of the heirs remains in the home. The first is to stay without paying anything in exchange and for an indefinite period of time, the second is a free transfer but for a certain time and, finally, the person who happens to live in that house pays an amount for it or rent, the option which show as more recommendable.
What happens if an heir keeps the home without the consent of the rest
Whatever the situation, what happens if this heir decides not to abandon her when the time is right? From the firm they highlight that the rest of heirs They do have the right to evict someone who has occupied the house without permission and if the home has not yet been distributed.
Eviction can be requested by any of the heirs and, as they explain, it will not be necessary to start the procedure and there will be an agreement between all of them.
They explain that after the petition the most common trial is ordinary once the inheritance has been divided. Another option to avoid delaying the process is to try to reach an agreement. In fact, the person who wants to keep the house must pay the proportional part to each of the heirs.
Another way is judicial division of the common thing, in this case housing. The judge may determine that the apartment must be sold and the income or property distributed. award to heir who is inhabiting it with the obligation to compensate the rest. The home could end up at public auction.
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