Can I sell my inherited share of the house?

Inheriting a jointly owned home is a very common situation, especially when the family estate is divided among multiple heirs. But what happens if you don't want to keep your share of the property? It's possible to sell your share of an inherited property and thus eliminate costs, responsibilities, and potential conflicts with other co-heirs. The law allows this operation, but there are specific rules and procedures that must be followed.

In this article, we analyze in detail how the sale of a share of an inheritance works, what options are available, and what costs must be considered.

Is it possible to sell a share of an inherited property?

The answer is yes: the law allows you to freely sell your share of the inheritance, either to another co-heir or to an external party. However, this option faces some practical and legal limitations. For example, if you sell to a third party outside the family, you must respect the right of pre-emption of the other co-heirs, who have priority in purchasing the share.

The sale is simpler if it involves divisible assets (e.g., land), while it becomes more complex when it involves indivisible properties, such as an apartment or a single-family home. In these cases, the new buyer will find himself co-owner with the other heirs, with all the management difficulties that this entails.

Why sell your share of an inherited house?

There may be various reasons why an heir decides to sell their share. Among the most common are:

• difficulty covering property management costs (taxes, maintenance, utilities);
• immediate need for liquidity to pay off personal debts;
• disagreements among co-heirs over the management of the home;
• desire to free oneself from constraints and responsibilities related to co-ownership.

Whatever the reason, selling represents a practical solution to free oneself from an often complicated situation.

How to Sell a Share of Inheritance: All the Options

Selling one's share of inheritance can occur in various ways. This is not just a traditional sale, but also free-of-charge transactions.

1. Donation of the share of the estate

If you have no financial interest, you can choose to donate your share to one or more co-heirs. In this case, it is a gratuitous transfer, which releases the donor from any encumbrances related to the property. However, the taxes required by law for donations remain due.

2. Sale to a co-heir

This is the quickest and most common solution. For example, between siblings, one can decide to purchase the other's share, becoming the sole owner of the property. In this case, it is not necessary to respect the right of pre-emption, because this restriction applies only to sales to parties outside the joint heirship.

3. Sale to a third party

It is certainly possible, but specific rules must be followed. Before concluding the transaction, the other co-heirs must be formally notified of the sale proposal and the asking price, giving them 60 days to exercise their pre-emption right. If no one is interested, the heir can proceed with the sale to an outsider.

If the sale occurs without informing the co-heirs, they have the right of redemption: within 10 years of the sale, they can sue the buyer to take over, paying the same price as they paid.

How much does it cost to sell a share of an inheritance?

The costs vary based on the value of the property and the share being sold. In general, even a partial transfer is subject to the following taxes:

• registration tax,
• mortgage tax,
• land registry tax.

Notary fees may be added to these, and, if the succession has not yet been completed, taxes related to the transfer of inheritance. It's important to emphasize that it's not possible to sell the house before the estate is finalized, because until then, you're not officially the owner or co-owner.

Selling your share of an inherited home is possible, but caution is required

Selling your share of an inherited home is a viable and useful option for those who don't want to remain tied to co-ownership. However, it's essential to follow legal procedures, especially when selling to third parties, to avoid disputes and redemption actions by other heirs.

Before proceeding, it may be helpful to consult with inheritance specialists, such as those at Agenzia delle Successioni, who can clarify the bureaucratic procedures, pre-emptive rights, and overall costs. This will avoid errors and allow the sale to be concluded safely and transparently.