Managing Real Estate Assets During Succession

When a succession opens, one of the most delicate and potentially conflict-ridden aspects concerns the management of real estate assets. The family home, the seaside apartment, or inherited land often become the subject of a hereditary co-ownership, a legal situation where multiple heirs claim ownership rights over the same property. Understanding how to manage this phase is crucial not only for preserving the economic value of the estate but also for maintaining personal relationships among co-heirs. As an experienced lawyer specializing in succession law in Milan, Avv. Marco Bianucci assists families daily in this delicate transition, offering technical and strategic advice to transform a potential source of dispute into a defined and valued asset.

The Legal Framework: From Co-ownership to Division

According to the Italian legal system, upon the opening of a succession, co-heirs automatically enter into a state of co-ownership of the deceased's assets, in proportion to their respective shares. However, the civil code, in Article 713, establishes a fundamental principle: every co-heir can request the dissolution of co-ownership at any time. No one can be forced to remain a co-owner against their will, except in exceptional cases provided by law.

Options for Property Division

When a property cannot be physically divided (as is often the case with a single city apartment), the law and practice provide several solutions to dissolve co-ownership. The first and most desirable is contractual or amicable division, where heirs reach an independent agreement. If this does not happen, there are mainly two avenues. The first is the attribution of the asset to one of the co-heirs who requests it, who will have to pay the others a cash settlement equal to the value of their shares. The second option is the sale of the property to third parties, with the subsequent distribution of the proceeds.

Judicial Division: The Last Resort

If no agreement is reached, the path of judicial division opens. In this scenario, a judge will appoint an expert to value the property and, if none of the heirs request its attribution, will order the sale of the property at auction. From the perspective of an experienced succession lawyer, this is the solution that is generally avoided, as judicial auctions often lead to a significant devaluation of the asset compared to its real market value.

The Approach of Studio Legale Bianucci in Hereditary Division

The approach of Avv. Marco Bianucci, an experienced lawyer in succession law in Milan, focuses primarily on preventing judicial litigation. The firm's strategy aims to achieve a consensual division that satisfies all parties involved. This process begins with a rigorous analysis of the hereditary estate and, often, with the collaboration of trusted technicians to obtain realistic and objective property valuations.

Studio Legale Bianucci works to mediate between the positions of co-heirs, seeking creative solutions that can unblock stalled situations. Whether it involves negotiating a fair settlement for the attribution of the house to a sibling, or managing sales negotiations with third-party buyers, the goal is to maximize the economic outcome for the client and reduce the time to resolve the case. In-depth knowledge of the dynamics of the Court of Milan also allows clients to be advised transparently on when it is appropriate to proceed with litigation and when, instead, it is more advantageous to reach a settlement agreement.

Frequently Asked Questions

Can one of the heirs prevent the sale of the inherited house?

In principle, no co-heir can indefinitely block the dissolution of co-ownership. If an heir opposes the sale or amicable division, the other co-heirs have the right to go to court to request judicial division, which can culminate in the sale of the property at auction, regardless of the dissent of one of the co-owners.

What happens if an heir lives in the inherited property?

If a co-heir has exclusive use of the inherited property (e.g., lives there), the other heirs can request an occupation indemnity. This is because the exclusive use of the common property deprives the other co-owners of the possibility to enjoy it or derive civil fruits from it (such as rent). Avv. Marco Bianucci analyzes these cases to correctly calculate any indemnities due.

How is the value of the property to be divided determined?

The value is not given by emotional attachment but by the current market value. To avoid disputes, it is essential to rely on objective technical appraisals. In case of an irreconcilable disagreement, the expert appointed by the Court (CTU) will establish the official value on which to calculate shares and settlements.

Do inheritance taxes need to be paid before the division?

Yes, the succession declaration and the payment of related taxes are fiscal obligations that must generally be fulfilled within 12 months of the opening of the succession, regardless of when the material division of assets among heirs will occur.

Request an Evaluation of Your Case

Managing inherited real estate requires technical expertise and negotiation skills to prevent family assets from being eroded by disputes and lengthy legal proceedings. If you are facing a complex succession or are having difficulty reaching an agreement with co-heirs, it is essential to act with the support of a professional. Contact Avv. Marco Bianucci for an evaluation of your case at the firm's office in Milan, at Via Alberto da Giussano, 26. During the preliminary consultation, your specific situation will be analyzed to outline the most effective path towards a fair and secure division.