What would happen if one of the siblings lived in the home we inherited?

When the inherited usufruct is only the family house, each sibling has a division like any other sibling. In this way, it will be before the image of a community of goods or of coparticipation. As an inseparable property, the share of participation of each brother is abstract, so he will be the owner of a certain percentage of the property, but in no case can he be separated from the rest of the property.

In situations like this, the most reasonable thing is to transfer the property and divide the money of the transaction in equal parts to avoid problems between siblings. But it is true that sometimes one of the heirs refuses to sell, either because the sibling lives in the property to be inherited, or for some other reason. And for this, the first thing you should know is that the transfer of a property requires the consent of all the heirs. No sibling can sell at his or her own risk. What one or more of them can do is to sell their share in the ownership of the house, and when this happens it is best to leave it in the hands of a good family lawyer who will facilitate the procedures.

Can I live in an inherited house?

When a parent dies and only the household remains, there are often conflicts between siblings, especially if one of them is already living in the household. Houses are not divisible, i.e., they cannot be divided between siblings by quarters, so everyone is a co-owner of an abstract share. In these cases, the law allows co-owners to use the common house, as long as they do not harm the others. So if you decide to continue living in the house it could be in the following ways:

• Precarious: You will remain in the house without return and without definite time. In this way, the consent of your siblings is not required, but you have to take into account that they have the right to take legal action against you.
• Loan: You will only have a period of time and will not have to pay anything.
• Lease: Make a deal with your siblings and everyone will win. You will continue to live in the house, you will inherit your parents' estate and your siblings will also receive money in return.

In short, if you live in an inherited house without your siblings' permission and without paying anything in return, they can start an eviction action against you for instability. The main problem arises when one of the siblings needs to raise funds by renting or selling the inherited home.

Of course, the latter option is the most advisable to avoid any confrontation with your siblings. Therefore, we recommend that the best thing to do is to sit down and talk to your siblings and come up with suggestions for renting out the property. However, when the lease ends, any of your siblings may oppose extending the lease, as they will prefer to sell the house.

What about housing expenses?

The first thing to know is that in addition to inheriting the house, the expenses incurred for its maintenance are also inherited. Therefore, you will have to pay the expenses for utilities such as electricity, gas, water, telephone, among others. But it is that also it will be necessary to pay the expenses of maintenance by wear and tear and the ordinary quota for the community of proprietors.

Unless otherwise agreed, all the siblings must pay the mortgage quota, the Real Estate Tax (IBI), or the Home insurance, among others. Although in the end it is the siblings who may agree on a different distribution.

Can I remodel an inherited house?

By law, no co-owner can carry out works or reforms to remodel the house without the consent of all the co-owners. If there is an agreement, the reform can be made, and each one will pay according to the quota of participation of each person in the property.

In the absence of an agreement, if any one of the co-owners makes renovations, he/she will be obliged to pay even if they are good for the family, and in the future he/she will not be able to claim anything from the other heirs.

If you wish to rent a joint house, can you do so without the consent of the other co-owners?

The Civil Code in force required the consent of the majority of the heirs for ordinary administrative acts such as leases.

In case the lease agreement was entered into for more than six years, the court would consider it an act of disposition, which required the consent of all owners. In the case of two co-owners owning 50% of the shares, the agreement must be unanimous.

In short, most people can afford to rent it. But that does not prevent them from demanding a sale in court if they are not satisfied.