When several heirs receive the same property, they usually end up as co-owners, each with a percentage. That situation, known in Spain as proindiviso, works as long as everyone agrees. As soon as one wants to sell and another does not, the property is blocked: selling it as a whole requires everyone's signature.
The good news is that the Spanish Civil Code is clear: no co-owner is obliged to remain in co-ownership (article 400). There is always a way out. These are the four main ones, from the cheapest to the most expensive.
1. One heir buys out the others
This is the cleanest solution when one heir wants to keep the home and can pay the others. Done after the inheritance, it is formalised as a termination of co-ownership and is taxed under Stamp Duty (AJD), which in the Valencian Community is 1.4% since June 2026, rather than the 9% Transfer Tax that a sale between strangers would pay. On an average home the difference runs to several thousand euros, but it is only achieved if the transaction is properly structured before a notary.
2. Award the home to one heir in the inheritance itself
If the inheritance has not yet been signed, the home can be awarded directly to one heir in the partition, with the others compensated in cash. When the property is indivisible, the Civil Code allows this award with compensation (article 1062) and, properly set up, it avoids tax on the excess award. It is the most efficient option, which is why it is worth considering before signing anything.
3. Sell to a third party and share the proceeds
If nobody wants to keep it, the sensible course is to sell and split the price according to each heir's percentage. The problem here is not legal but one of agreement: price, timing and buyer. An objective market value, backed by a professional valuation, usually unlocks the negotiation. The taxes on the sale are covered in selling an inherited house in Valencia.
4. Court division: the last resort
If no agreement is possible, any heir can bring an action for division of the common property. Since a home cannot be physically split, the court ends up ordering its sale at public auction and distributing the money. It is the slowest route and the one that achieves the worst price, because auctions are awarded at a discount. That is why it tends to be used as leverage to negotiate rather than as the end goal.
When the deadlock is over the division of the whole estate, heirs representing at least half of it can ask the notary to appoint an estate divider (contador partidor dativo, article 1057 of the Civil Code). The divider makes the partition on technical criteria and avoids years of litigation.
Meanwhile, the costs run for everyone
Property tax (IBI), community fees, insurance and utilities are shared between the co-owners according to their percentage, whether or not each uses the home. And if one heir lives there exclusively, the others can claim compensation. The longer the deadlock lasts, the more value each heir loses.
How we handle it at Equus Capital
We look at the whole estate, value the property, work out the tax cost of each option and mediate between the heirs to reach the one that costs the family least. If the home has to be sold, we have experience in real estate investment and in the Valencia market to sell it at market price. The first consultation is free.
Frequently asked questions
Can one heir force the others to sell?
Nobody is obliged to remain a co-owner. Without agreement, any heir can ask the court for division, which for a home normally ends in its sale at auction and the distribution of the proceeds.
What tax does the heir who buys out the others pay?
Done as a termination of co-ownership, it is taxed under Stamp Duty (AJD) at 1.4% in the Valencian Community since June 2026, instead of the 9% Transfer Tax on a sale.
Can the home be awarded to a single heir with compensation to the others?
Yes. In the partition, if the property is indivisible, it can be awarded to one heir with cash compensation to the rest (article 1062 of the Civil Code). Properly set up, it avoids tax on the excess award.
How long does a court division of an inheritance take?
It is the slowest route: the proceedings plus the auction usually take much longer than any agreement, and the auction price is usually below market value.
Who pays property tax and community fees while there is no agreement?
All co-owners, in proportion to their share, even if they do not use the home. If one uses it exclusively, the others can claim compensation.