How the inheritance of a property is divided

When the inheritance includes real estate, division between the heirs is often difficult.
If there is only one property inherited, problems can easily arise regarding its shared use by the heirs.
Even when there are several properties in the deceased's estate, however, the division is not at all simple.
Properties presumably have different values, both from an economic and emotional point of view.
From the moment the heirs accept the inheritance, communion is automatically created on the properties present in the hereditary estate.
Consequently, the co-heirs have an equal right to use all the assets in their entirety and for the same reason no one can derive exclusive enjoyment from them to the exclusion of others.
This is how the inheritance of a property is divided according to the law.
How the inheritance of a property is divided Agreement between the co-heirs Judicial division Division in kind Judicial sale or attribution of the property Agreement between the co-heirs The preferable solution for dividing the inheritance of a property is to find a common agreement between the co-heirs.
In this way, in fact, the time is shortened compared to what a civil lawsuit would require and at the same time the legal costs are eliminated.
Furthermore, the agreement between heirs allows for aspects that are difficult to be relevant in a proceeding to be considered in the management of the properties, for example the emotional value attributed by the heirs or mutual favors between them.
The rules to follow in this regard are rather simple and can all be circumvented by mutual agreement of the heirs.
In particular, the heirs can decide to attribute the use of the property to only one of them, who will in turn have to pay them the rent (obviously excluding his own share).
The other heirs can, however, also decide to renounce this right.
The same can happen even if some heirs are willing to give up ownership of the property in favor of just one of them.
In this case they should receive compensation, but if there is everyone's agreement it is also possible to find alternative solutions (such as the attribution of other hereditary assets or a waiver).
Finally, the heirs – always by mutual agreement – can also divide the property in kind to allow everyone to use it.
This option, however, is only possible if the functionality and structure of the room itself allow it.
read also Inheritance, if I give up who will my share go to? Judicial division Although consensual solutions are extremely convenient, they are rarely applied, precisely because they often involve a compromise that not everyone wants to make.
When none of the heirs want to give up the property or in any case there is disagreement on its division, it is necessary to go to court and request a judicial division.
Each of the heirs has the possibility to exercise this right, however without any time limit with respect to the acceptance of the inheritance or the death of the deceased.
The division action is in fact imprescriptible.
Division in kind The preferable path, even in the case of judicial division, is division in kind, i.e.
the material division of the house.
The result must be the creation of as many properties as there are heirs, which are both fully functional and independent of each other.
An alternative is division by assets, which is difficult to imagine in the event of disagreement because it is very rare for there to be assets of the same value in the inheritance.
read also House occupied by a co-heir, what consequences and how to defend yourself Judicial sale or attribution of the property When division in kind is not possible, the judge must sell the property to dissolve the community and divide the proceeds among the heirs, in proportion of their hereditary share.
Before reaching this point, however, the heirs can submit a request for attribution.
It is up to the judge to evaluate the requests by choosing the heir to whom the property will be attributed, ordering a financial compensation in favor of the others, or to proceed with the sale if none of them has an appreciable interest.
After the judicial sale, the heirs are entitled to receive a part of the proceeds corresponding to their share, but must also bear – in addition to the depreciation due to the auction – the payment of legal expenses.
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