I live in an inherited house, can my siblings kick me out?

When the parents die, the house they used as a family home or any other house they owned becomes the property of their heirs. However, there are situations that may give rise to disagreements as to who can live in it.

Therefore, in this article we are going to answer one of the most common questions we come across in our law firm: ‘If I live in an inherited house, can my siblings kick me out?

Who has the right to live in an inherited house?

The persons who can live in an inherited house are usually the legal heirs or the beneficiaries designated in the will. If both parents are deceased, the property normally passes to the children in equal shares. Therefore, all of them would have the right to reside in the property.

However, there are situations that often give rise to disputes. This is the case, for example, where one of the children has not yet been emancipated when the parents die. It is also common that one of the siblings resides with his or her parents to take care of them during their last years of life and that, upon death, he or she wants to continue residing in the home.

How is an inheritance of a house divided between siblings?

According to the Civil Code, the children of the deceased are forced heirs and should therefore receive the same proportion of the inheritance. If the deceased had sufficient assets, he or she could assign the house to one of his or her descendants and compensate the others with other material assets of the same value.

However, if the testator only inherited his main residence, it would be divided equally among all his children. In other words, if he had three children, each of them would have one third of the property.

However, the case that concerns us here is when one of the siblings lives in the home and does not want to leave it, despite the fact that the others have expressed their wish to sell or rent it to a third party. In this sense, there are three options:

• Precarious regime: this occurs when the sibling residing in the inherited dwelling lacks a rental contract or a formal title deed. In this case, the heir could remain in the property without having to pay anything and indefinitely, but his siblings could initiate legal action against him that would lead irremediably to an eviction.
• Accommodation: the siblings can also agree that one of them will use the inherited property for a specific period of time. For example, while settling personal and legal matters related to the inheritance and deciding what to do with the property. Generally, in these situations, a rent payment is required.
• Division of the common property: It is possible that, in addition to the problem of one of the siblings not wanting to leave the property, the heirs as a whole cannot agree on what to do with the property. In this sense, the heirs can request that the court carry out the division and determine what corresponds to each of them.

So what happens if my brother wants to keep the house?

Obviously, this can be a problem. In the event that the rest of the siblings agree to sell it or rent it to a third party, as long as the property is undivided and he is not a minor, has a disability or has a lease, you can request his eviction. This should be done by means of a burofax, so that the fact is recorded.

It is always best to reach an amicable agreement between the siblings. However, we are aware that this is not always possible. In this case, it will be necessary to file a lawsuit in the corresponding court of first instance, arguing the eviction request and presenting as much evidence as possible.

Other important issues

However, it should always be borne in mind that the sibling occupying the inherited home cannot be evicted by force, i.e. without recourse to the established legal procedures. In the event that they do so, the person who was living there can go to the police to get his or her siblings to let him or her back into the house until the court decision is made.

If the sibling occupying the house is not a minor, has a disability or pays rent, the court decision will usually force his or her eviction, even if he or she has nowhere else to go. When this happens, you will have 10 days to leave. If you do not do so, the siblings can apply to the court for the eviction to be forced.

That said, we hope we have made it sufficiently clear what happens when a sibling does not want to leave the home he or she has inherited together with his or her siblings. A situation that is becoming particularly common now that the housing market is once again reaching record highs due to the housing crisis affecting our country. In any case, if you need legal help, do not hesitate to contact our lawyers specialised in inheritance.