Houses with multiple heirs: solutions to avoid infinite co-ownership

When a house is bequeathed to multiple people, a situation of co-ownership often arises, which, if not managed properly, can turn into a problem that can last for years. So-called "joint ownership" can become a source of conflict, block the sale of the property, and impede the peaceful management of the family estate. For this reason, it is important to understand the tools our law provides to avoid infinite joint ownership and find practical and rapid solutions.

Joint ownership: how it works

Upon the owner's death, all assets included in the inheritance automatically pass into co-ownership among the heirs. This means that each co-heir is entitled to an imaginary share of the house, not a physical portion. For example, if a house is left equally to three children, each will have a third of the property, but no one will be able to freely dispose of a piece of the property without the consent of the others.

Until the joint ownership is dissolved, important decisions, such as selling, renting, or renovating the house, must be made with the consent of the majority of the co-heirs (or, in some cases, all).

The risks of prolonged co-ownership

Maintaining joint ownership for too long can create tension and block the management of the property. Some heirs may want to sell, others may not; some may not contribute to the condominium fees or maintenance, placing the burden on others. Furthermore, the presence of multiple co-owners can discourage potential buyers and reduce the market value of the home.

For these reasons, it is advisable to reach an agreement within a reasonable timeframe and dissolve the joint ownership.

Consensual division: the simplest way

The quickest solution is consensual division. The heirs agree on the division of the property (if there are multiple assets) or on who will keep it in full, compensating the others with the payment of their respective shares.

If the home is not easily divisible, as is the case in most cases, one of the heirs can purchase the shares of the others, becoming the sole owner. The agreement is formalized with a notarial deed, which guarantees legal certainty and allows the new land registry status to be recorded.

Sale and distribution of proceeds

When none of the heirs wants or is able to keep the house, the most viable solution is to sell the property and divide the proceeds according to the inheritance shares. Even in this case, a consensual agreement is preferable to avoid having to resort to a judge. A joint sale allows you to obtain a better price and quickly close the joint ownership.

Judicial division: the last resort

If an agreement cannot be reached, each co-heir can ask the court for a judicial division. The judge can order the property to be sold at auction and distribute the proceeds among the heirs. This route, however, is longer, more expensive, and often penalizing, because judicial auctions yield lower values than a market sale.

Plan to avoid conflicts

To prevent your heirs from finding themselves in deadlock, you can plan your estate in advance. Through a well-drafted will or other legal instruments, you can decide who will receive a specific asset, reducing the risk of disputes between family members. You can rely on professionals like those at Agenzia delle Successioni to avoid making mistakes.