Selling an Inherited House in Spain When One of the Heirs Is Unfit

When you inherit an estate in Spain, it is likely that you will want to sell it in order to cash in on the money and be able to enjoy it. Once you are the new owner, selling is quite straightforward. However, if there is more than one heir, things can get complicated.

To sell a property owned by several heirs, you need all of them to agree on the transaction. When one of them is unfit by law, for example if this person has any kind of dementia, this persona cannot make decisions, and the sale of the property becomes stalled.

When you face this problem, you need to name a tutor for the demented person. Since there may be important economic interests, the process is not as easy as just asking for it.

You have to file a lawsuit to deem the unfit person mentally incompetent by the court. The lawsuit needs to be justified by medical records. 

Then, the judge will have a meeting with some close family members and another with the unfit person.

The judge will determine the extension and limits of the legal disability, the set of rules for the tutorship, and the tutor, among other things.

Then, the first step is to formalise the inheritance. If you have not done so yet, here you can find much more information about Spanish probate.

As a summary of the process, you will need to do the following:

  1. Give proof that you are an heir
  2. Accept or reject the inheritance
  3. Pay the succession tax
  4. Change the property data in the Property Register

Assuming that now you have the property and the probate process successfully finished, you just need the tutor of the demented person to agree with the sale as well as all the rest of the heirs.

Someone can make things easier by making a will before being declared legally disabled and naming a tutor by a notary power in which it is clearly stated that the power will continue being valid in case a legal disability happens in the future.

If you are facing these or similar issues, please do not hesitate to contact us free of charge, and we can talk with you about what you would need to do and how we could help. The call is, of course, without any obligation.