When inheriting a house together with your siblings, it is important to consider the different possibilities and agreements that may arise to live in harmony. The first thing to bear in mind is that the acceptance of an inheritance is voluntary and can be accepted or not. Inheritance of real estate between siblings is synonymous with many legal – and personal challenges.
On many occasions, when children inherit a house, real estate or land from their parents, many concerns and doubts arise about the obligations and rights of each of the heirs. There are a variety of solutions, such as living in precarious housing (living without a formal agreement), giving up the home on loan (an agreement that allows one of the heirs to use the home for a specific period), or reaching a lease agreement in exchange for money.
If you live in an inherited house, one of the most common queries related to property law is precisely what is the power of each of your siblings and if you can be kicked out of that home.
All the siblings are co-heirs and, therefore, you must make joint decisions about the use, maintenance and possible improvements of the property. That is, from now on, communication must be more fluid than ever and we must learn to debate and express needs to prevent future misunderstandings and arguments.
The law says that when different children inherit a property, they come to have certain rights and obligations. In principle, all heirs will have an equal right to housing and cannot be expelled without legal process or consent.
The inherited home or real estate becomes co-owned, and that means that each sibling has the right to use and enjoy it equally. Of course, it may happen that the siblings do not agree on how to use the apartment. In this sense, the conflict can be resolved in various ways: on the one hand, with a physical division of the house in equal parts for each of you. If this is not possible, the property is also usually put up for sale and the money from this operation is distributed equally.
Expelling a co-heir
What happens if you live in the inherited house without the consent of your siblings and they want to kick you out? It's possible? Yes, although it is not simple and must be done through a legal process.
For this procedure to go ahead, certain requirements must be met. In the first place, the home must be an indivisible asset; that is, that it cannot be divided without losing value or utility.
Second, all the siblings must be co-owners and have a percentage of the property. And they must all agree to kick you out and demonstrate that cohabitation or joint management of the property is not viable.
If these aspects are met, a judicial procedure can be initiated to recover possession of the property that is being used in a precarious situation and does not want to be returned.
If you are faced with this possibility, collect all the legal documents related to the property and your right to inhabit it and consult with a lawyer about the legality of the situation.
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