Inheritance division
The division of the estate is the procedure by which the inheritance is divided among the heirs, in accordance with the provisions of the Civil Code. The procedure may also take place after the settlement of the succession has been completed and seeks to end the state of co-ownership existing among the heirs, by allocating the assets or, where applicable, by establishing other methods of division provided for by law.
Depending on the specific situation, the legal services may include assistance and representation in the procedure for the division of the estate, the analysis of the estate, the drafting of the statement of claim, statements of defence, appeals and other procedural documents required to protect the rights and interests of the heirs. The legal strategy is established according to the particular features of each case and the objectives pursued.
The procedure for the division of the estate may concern movable and immovable assets acquired through inheritance, such as flats, houses, land, cars, sums of money, investments or other assets that form part of the estate. Depending on the particular features of each case, matters concerning the allocation of the assets, the payment of the equalising payment (sulta) or other circumstances relevant to the division of the estate may be analysed.
Every procedure for the division of the estate involves analysing the documents concerning the succession, the rights of each heir and the evidence necessary for resolving the case. The manner of dividing the assets differs according to the estate, the legal situation of the assets and the particular features of each case.
Experience gained in handling procedures for the division of the estate shows that each case presents legal and patrimonial particularities that call for careful analysis and a tailored strategy. Managing the documentation and the procedural steps allows the procedure to be conducted within a clear legal framework and contributes to protecting the rights and interests of the heirs.
Frequently asked questions
What is the division of the estate?
The division of the estate is the procedure by which the assets acquired through inheritance are divided among the heirs, according to the shares of the estate and the applicable legal provisions.
Is the division of the estate mandatory?
The division of the estate is not mandatory. As long as the assets remain in co-ownership, the heirs exercise their rights according to the shares of the estate to which they are entitled. The division of the estate may be requested where the aim is to end the state of co-ownership and to divide the inherited assets.
Can the division of the estate be carried out if the heirs do not agree?
Yes. In the absence of an agreement between the heirs, the division of the estate may be requested from the competent court, under the conditions provided for by law.
Which assets are divided through the division of the estate?
The division of the estate may concern the assets that form part of the estate, including movable and immovable assets such as flats, houses, land, cars, sums of money, investments or other assets acquired through inheritance, according to the particular features of each case.
What is the equalising payment (sulta)?
The equalising payment (sulta) is the sum of money that one heir may owe the others where, in the division of the estate, they receive assets whose value exceeds the share of the estate to which they are entitled.
Can an asset held in co-ownership be sold?
The disposal of an asset held in co-ownership is carried out under the conditions provided for by law. Depending on the specific situation, the consent of all the co-owners or other steps provided for by the applicable legal provisions may be required.
How long does the procedure for the division of the estate take?
The duration of the procedure depends on the number of heirs, the value and nature of the assets, the existence of disagreements between the parties, the evidence to be adduced and the time limits set by the competent court. Each case is resolved according to its particular features.
Can the division of the estate be requested several years after the succession has been settled?
Yes. In principle, the right to request the ending of co-ownership is not lost simply by the passage of time. Each situation must be analysed in relation to the applicable legal provisions and the particular features of each case.
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