Co-inherited Spanish home: keep it, sell it or buy others out

Terms used

• IBI — IBI is the yearly local property tax, paid to the town hall by the owner of a property.
• Escritura de partición y adjudicación — The escritura de partición y adjudicación is the notarial deed in which heirs divide the estate and assign each asset to an heir.
• Contador-partidor — A contador-partidor is the person who divides an estate among the heirs, named in the will or by a notary.
• Comunidad de propietarios — The comunidad de propietarios is the owners' association of a building, which charges the community fees for shared costs.

Key rules

• Cost sharing: Co-owners pay taxes, repairs and upkeep in proportion to their shares.
• IBI: The town hall can demand the whole IBI bill from any one co-owner, who can then claim the rest back.
• Notary route: Heirs holding at least 50% of the estate rights can ask a notary to appoint a partitioner, but one objection ends it.
• Court: If there is no agreement, any heir can ask a court to divide the estate, and an indivisible home is sold.
• Giving up a share: A co-owner can end their share of future costs by giving up their share.

Start with the bottom line

When several heirs own a home together, nobody can be forced to stay in that arrangement forever. You can keep the home and share the costs, agree a split, buy the others out, or sell. If you cannot agree, there is a formal route to end the co-ownership. The choice table below helps you pick; this page explains what each path means in practice.

Your options

Keep it together. You all stay owners in shares. This works if everyone agrees on who uses the home, who pays what and what happens if someone wants out. Put those points in writing. Without a written agreement, disputes about bills tend to end up in court.

Agree a split. If all heirs agree, you sign a notarial deed of partition (escritura de partición y adjudicación). This is where one heir can take the home and compensate the others, or where the home is sold and the money is divided. A private agreement also works, but it should later be raised to a public deed. If any heir is a minor or cannot manage their own affairs, a judge must also approve.

Buy the others out. This is done inside the partition deed. One heir takes the home, and pays the others the value of their shares. Agree the value first, ideally with a written valuation.

Sell. All co-owners normally have to agree to sell the whole home. If one refuses, see the court route below.

If you cannot agree

There are three routes, from lightest to heaviest.

1. The will's partitioner. Some wills name a person (a contador-partidor) who divides the estate. If there is one, start there.
2. A notary appoints a partitioner. If the will names nobody, heirs holding at least 50% of the estate rights can ask a notary to appoint one. The other heirs are notified and may object. If anyone objects, this route ends.
3. Court. Any heir can ask a court to divide the estate if there is no agreement. It is done at the court for the deceased's last residence. For a single co-owned asset, any co-owner can ask the court to end the co-ownership. If the home cannot be divided, it is sold.

Court is slow and costs money. Use it when talking has failed. Because you will probably be abroad, a Spanish lawyer with a power of attorney can act for you.

Who pays the running costs

Co-owners share costs in proportion to their shares. That covers taxes, repairs and upkeep.

IBI. IBI is the yearly local property tax. The town hall can ask any one co-owner for the whole bill, because co-owners are jointly liable. If you pay it, you can claim the other owners' share back from them.

Community fees. The building's owners' association (comunidad de propietarios) can claim unpaid fees from the co-owners, and the debt also stays attached to the property for the current and previous year. If a co-owner stops paying, the others are exposed. Pay the fees and then claim the share back, rather than letting the debt grow.

Repairs. A co-owner can be required to contribute to necessary repairs.

Getting your money back. If you pay more than your share, ask the others to reimburse you, ideally by a written agreement. If they refuse, you can claim through the courts. A co-owner can also escape future costs by giving up their share.

Yearly taxes if you live abroad

Non-resident owners also file tax returns on form 210, even if the home is empty and not rented. The timeline below sets out the forms and deadlines. Wealth tax can apply if your Spanish assets pass the threshold, and some regions have their own allowances. Check the current rates and thresholds with the tax agency and the town hall.

What to do first

• Talk to all the heirs and decide whether you want to keep, sell or buy out.
• Set up a shared bank account or a written cost-sharing arrangement for IBI, fees and repairs.
• Get the property valued before any buyout or sale.
• If talks stall, see a Spanish lawyer or notary before going to court.

Choosing between options

How do you divide a co-inherited home and the estate?

• Sign an agreement between all heirs: Use this when every heir agrees. You sign a notarial deed of division, or a private agreement later made a public deed. A judge must approve if minors are involved with conflicting interests.

• Ask a notary to appoint a partitioner: Use this when the will names no one to divide the estate and heirs holding at least 50% of the estate rights ask. The other heirs are told and can object, which ends this route.

• Go to court: Use this when heirs cannot agree. Any heir can start a court case to divide the estate, in the court of the deceased's last residence. Any co-owner can also ask to end the co-ownership of one home, which is sold if it cannot be split.

• Keep the home together and share the costs: Use this when you all want to keep it. You each pay IBI, community fees and repairs in proportion to your shares, and anyone who pays more can claim the difference back.

If all heirs agree, sign a deed. If not, a notary route needs heirs holding at least 50% and no objection; otherwise go to court.

Timeline and deadlines

• Pay IBI, the yearly local property tax, to your town hall: once a year, usually between summer and autumn

• File form 210 for non-resident income tax on a home that is not rented: once a year, by 31 December of the following year

• File form 210 for any rental income: every quarter, or by year-end

• File form 714 for wealth tax if your Spanish assets pass the threshold: each year, normally between April and June of the following year

Frequently asked questions

Can the town hall make me pay the whole IBI bill on a co-inherited home?

Yes, the town hall can ask any one co-owner for the whole IBI, the yearly local property tax, because co-owners are jointly liable for it. If you pay more than your share, you can claim the rest back from the others in proportion to their shares.

What happens if a co-owner stops paying the community fees?

The community of owners can claim the unpaid fees from the co-owners, and it can also pursue the property itself, which carries a charge for the current and previous year's unpaid fees. If you cover more than your share, you can ask the others to reimburse you, by agreement or through the courts.

Can I force the other heirs to divide the estate if we disagree?

Yes, if there is no agreement, any heir can bring a court case to divide the estate.

Do I owe tax each year on an inherited home if I live abroad?

Yes, as a non-resident you pay IBI every year, and also non-resident income tax on an imputed income based on the cadastral (official tax) value if the home is not rented. Wealth tax may also apply above a threshold, and some regions give allowances.