Management of Joint Inheritance and Disagreement Among Co-heirs

The management of inherited property often represents one of the most delicate moments in a family's life. When multiple siblings become co-owners of a house, what is legally defined as joint inheritance is established. It is common for conflicting views to emerge at this stage: some may want to sell immediately to liquidate their share, others may prefer to keep the property to rent it out, and some may even reside there and oppose any changes. These disagreements, if not managed with due expertise, can paralyze the estate for years and deteriorate personal relationships. As a lawyer specializing in inheritance law in Milan, Avv. Marco Bianucci deeply understands the emotional and financial dynamics underlying these disputes.

Italian law, and specifically the Civil Code, protects the right of each co-heir not to remain bound to the joint ownership against their will. Article 713 of the Civil Code indeed states that each participant can always request the dissolution of the joint inheritance. This means that the disagreement of a single sibling cannot indefinitely prevent the sale or division of the asset. However, the path to achieving this dissolution varies depending on the parties' intentions and requires a targeted legal strategy to avoid lengthy delays and excessive costs.

The Regulatory Framework: From Mediation to Judicial Division

When an amicable agreement cannot be reached, the regulations provide for mandatory steps before resorting to forced sale. The first fundamental step is the attempt at civil mediation. This is a mandatory procedure for real estate rights and inheritance matters, during which the parties, assisted by their lawyers, attempt to find a shared solution before an impartial mediator. If an agreement is not reached, the path of judicial division opens up. In this context, the judge will verify if the property is "conveniently divisible" in kind (for example, by subdividing it into independent apartments). If this is not possible, and none of the co-heirs are willing or able to buy out the shares of the others, the property will be sold at auction, with the proceeds subsequently distributed.

The Approach of Studio Legale Bianucci to Inheritance Division

The approach of Avv. Marco Bianucci, a lawyer specializing in inheritance and real estate law in Milan, is based on the conviction that judicial resolution should be the last resort. At Studio Legale Bianucci, located at via Alberto da Giussano 26, each case is analyzed starting with a detailed examination of the inherited estate and the respective shares. The priority is always to favor a contractual (or consensual) division, which allows for maximizing the economic value of the asset, avoiding the devaluation typical of auction sales.

The firm's strategy involves decisive intervention during the negotiation phase. Avv. Marco Bianucci works to unblock stalled situations by engaging with the opposing parties' lawyers to find practical technical solutions, such as assigning the asset to one of the co-heirs with a monetary compensation to the others, or selling to a third party at market price. However, should the opposing party maintain an obstructive attitude detrimental to the client, the firm is prepared to act firmly in court to achieve the dissolution of the joint ownership as quickly as possible, protecting the client's right to liquidate their share.

Frequently Asked Questions

Can a single sibling block the sale of an inherited house?

No, legally a co-heir cannot prevent others from dissolving the joint ownership. If a sibling refuses to sell or buy out the other shares, the other heirs have the right to go to court to request judicial division, which can culminate in the sale of the asset at auction and the distribution of the proceeds.

What happens if a sibling lives in the inherited house without paying anything?

If a co-heir exclusively uses the property, preventing others from enjoying it, the latter have the right to request compensation for occupation. Avv. Marco Bianucci can assist you in quantifying and claiming this compensation, which essentially corresponds to a notional rental fee proportionate to the ownership shares.

How is the value of the house determined in case of disagreement?

During the pre-litigation phase, it is advisable to rely on a party-appointed or agreed-upon technical appraisal to determine the real market value. If legal proceedings are initiated, the judge will appoint a Technical Consultant of the Office (CTU) who will prepare a binding appraisal to determine the value of the property and its potential divisibility.

Is it possible to sell only one's inheritance share?

Yes, each co-heir can sell their share, but they must respect the right of pre-emption of the other co-heirs. This means that the share must first be offered to the other siblings under the same conditions agreed upon with the potential third-party buyer. Violation of this right allows the other heirs to redeem the share from the buyer.

Request an Assessment of Your Case

Inheritance disputes require clarity and technical expertise to avoid turning into decade-long conflicts. If you find yourself in a stalemate regarding the sale of an inherited house in Milan, it is crucial to act with awareness of your rights. Avv. Marco Bianucci is available to examine your specific situation and outline the most effective path to enhance your assets.

Contact Studio Legale Bianucci to schedule an initial consultation at the Milan office. During the meeting, the critical issues of the joint inheritance will be analyzed, and clear answers will be provided on the prospects for resolution, both amicable and judicial.