The Government diploma provides exceptions for properties that are family homes, or that are involved in seizures or insolvency proceedings.
The Government’s proposed law regarding the sale of properties belonging to undivided inheritances provides that a sole heir could trigger the sale of an inherited property, after a period of two years since the opening of the succession. The proposal aims to accelerate impasses and place more homes on the housing market.
According to the statement, in addition to the heirs, also the spouses under community property regime can begin this process. In cases where an inventory process already exists, the sale can proceed without having to wait for a period of two years.
The proposal maintains the current principle of the Civil Code, according to which any heir can demand the sharing of the inheritance, although it allows it to remain undivided for renewable periods of five years. However, it introduces the possibility of forced sale of real estateeven without unanimity, as long as the market value is guaranteed.
Another relevant change is the reinforcement of the role of the “executor” with sharing powers. This figure may take over the management of the inheritanceincluding the sale of assets, with the aim of making the process more efficient and avoiding impasses due to conflicts between heirs.
The diploma also defines the intervention of entities such as the Public Ministry, especially when they are concerned incapable or absent heirsas well as creditors of the inheritance. They may demand payment of their credits or request alternative guarantees, with the court deciding in the event of a conflict.
Despite the relaxation of the rules, the proposal establishes several exceptions. Properties that are family homes, that are seized or included in insolvency proceedings cannot be sold through this mechanism.
The remaining heirs may oppose the sale within 30 days, based on grounds such as disagreement regarding the value of the property or irregularities in the process. If there is no consensus on the price, it will be set by the court based on independent assessments.
