Yes, you can get out of the flat even if your brother refuses to sell. Under Spanish law no co-owner has to stay in co-ownership, and any of them can ask for a division at any time (article 400 of the Civil Code). A flat cannot be split, so without agreement it goes to one of you, who pays the other, or it is sold and the price shared (article 404). If the estate has not been divided yet, the first step is dividing it (article 1052).
In this article
First: where does the estate stand?
Your route depends on whether you have already signed the inheritance deed before a notary.
- Yes, and the flat is in both your names. You are co-owners, each with a percentage. You can sell your share or ask for a division.
- No, the estate is still undivided. You do not own "half a flat" yet, but a share of the whole estate. What you ask for is the division of the estate.
Read the will first, because it may bar the division (article 1051). An agreement between you not to divide is only valid for ten years at most (article 400). If things have been stuck for years, see an inheritance left unsettled for years.
Your options, from least to most conflict
1. Negotiate: he buys your share or you buy his
A valuation and a written offer with a price do more than any argument. If one of you keeps the flat and pays the other, it is usually done as a termination of co-ownership (extinción de condominio), which carries less tax than a sale (see ending co-ownership of an inherited flat). If he also lives there and pays you nothing, read my brother lives in the inherited house.
2. Sell your share to someone else
You can sell your share without asking him: each co-owner fully owns their share (article 399). The buyer takes your place and can later ask for a division.
Your brother has one card, the right of redemption (retracto). He can take over what you sold by paying the buyer the same price, on the same terms, plus the costs of the contract (articles 1518 and 1521). The deadlines are short:
- If you already co-own the flat: the co-owners' right (article 1522). Nine days from when the sale is entered in the Land Registry or, if it is not registered, from when he learns of it (article 1524).
- If the estate is undivided and you sell your inheritance share to an outsider: the co-heirs' right (article 1067). One month from being told. Note that selling your inheritance share counts as accepting the inheritance (article 1000).
There are buyers for shares of flats, but they normally pay well below your proportional share, because they are also buying a dispute with your brother. And the seller may owe the municipal tax on the increase in land value (plusvalía municipal), as it is a transfer of ownership (article 104 of the Local Finance Act). More in municipal plusvalía on an inheritance.
3. If the estate is undivided: dividing it
Any co-heir can ask for the estate to be divided whenever they like (article 1052). There are two ways:
- A partitioner appointed by a notary. If the will names none, heirs holding at least 50% of the estate can ask a notary to appoint one (contador-partidor dativo, article 1057). If there are two of you with equal shares, you reach that 50% alone. The partitioner draws up the division and the notary approves it if not everyone signs (article 66 of the Notaries Act). If your parents lived in Valencia, a notary there can handle it.
- Division by the court. Any co-heir can apply (article 782 of the Civil Procedure Act) to the court where the deceased last lived (article 52.1.4). A meeting within ten days, a partitioner and valuers chosen by agreement or by lot, two months to present the division and ten days to object (articles 783 to 787).
Key point: when an asset in the estate cannot be split, one heir asking for it to be sold at public auction, open to outside bidders, is enough (article 1062). Your brother cannot block it. If the real problem is that he will not sign, see an heir who will not sign the inheritance.
4. If you already co-own the flat: the action for division
This is the claim that ends co-ownership (article 400). A flat cannot be shared out by square metres, so article 404 applies: one of you keeps it and pays the other, or it is sold and the money shared. If you inherited a whole building, either of you can ask for it to be divided into separate flats (article 401).
Since 20 March 2024, under the reform passed in 2023, a claim to divide jointly owned property goes through the verbal procedure, whatever the value of the flat (article 250.1.16). And the action never expires, however many years go by (article 1965).
Before court, you have to try to negotiate
Since 3 April 2025 a civil claim in Spain is not admitted without a prior attempt to negotiate (article 5 of Organic Law 1/2025). Direct talks between you, or between your lawyers, count.
If your brother does not answer, a document proving he received your invitation is enough, such as a burofax (a registered letter with certified content). If thirty calendar days pass with no reply and no meeting, the attempt is treated as ended without agreement (article 10). And if he refuses to negotiate without good reason, he may be denied his legal costs even if he wins (article 394 of the Civil Procedure Act).
The auction: why it is the last resort
If nobody keeps the flat, it ends up at auction. The court will normally apply the Civil Procedure Act rules: an online auction on the official portal of the Spanish State Gazette (BOE), with bids open for twenty calendar days (article 649). In a court auction of a property, bids below 70% of the auction value can be approved (article 670). Nobody guarantees the market price. That is why many claims settle first, and the law lets you agree at any point (article 789).
Rough deadlines and costs
- Total length: the law sets none. It depends on the court and on how much is disputed.
- Lawyer and court representative (procurador): both compulsory for a claim to divide the flat (articles 23 and 31 of the Civil Procedure Act).
- Court fee: individuals are exempt (article 4.2 of Law 10/2012).
- Other costs: valuation, partitioner and valuers, notary and Land Registry at official rates, and the other side's legal costs if you lose.
Common mistakes
- Negotiating only by word of mouth. Without a dated document you cannot prove the attempt the law requires.
- Selling your share without allowing for redemption. If the sale is neither registered nor notified to him, his deadline never starts.
When it makes sense to get help
When you have made him an offer and heard nothing, or when someone offers to buy your share. You can book a consultation to go through your papers with us.
Frequently asked questions
Can I force my brother to sell the flat we inherited?
Yes, indirectly. Nobody is obliged to stay in co-ownership (article 400 of the Spanish Civil Code). Without agreement, the judge allots the flat to one of you, who pays the other, or orders it to be sold and the price shared (article 404).
Can I sell my share of the inherited flat without my brother's consent?
Yes. Each co-owner can sell their share (article 399 of the Civil Code). Your brother can take it over through the right of redemption by paying what the buyer paid.
How long does my brother have to take over the share I sell?
Nine days from registration in the Land Registry, or from when he learns of the sale, if you already co-own the flat (article 1524). One month from being told if you sell your share of an undivided estate (article 1067).
Do I have to try to negotiate before going to court?
Yes. Since 3 April 2025 it is a requirement for filing a claim (article 5 of Organic Law 1/2025). If your brother does not answer within thirty calendar days, the attempt counts as made.
Does the right to ask for the flat to be divided expire?
No. The action to divide an estate or co-owned property is never time-barred between co-heirs and co-owners (article 1965 of the Civil Code).