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When a home in Barcelona belongs to several people, it is very common for disagreements to arise in its management: one of the owners wants to sell and the rest do not , all the owners want to rent but one of them refuses ... What options are there in these cases? Is it possible to sell part of a home in Barcelona? Let's analyze point by point.
The undivided estate of a home
Although the term may be somewhat strange to us, the undivided is something very common in our society. This concept could be likened to joint ownership or shared ownership, and it occurs when the ownership of a thing or a right belongs jointly to two or more people . The most common cases of undivided ownership would be the following:
Inheritances : a relative dies and leaves the inheritance of his apartment in Barcelona to several heirs (children, brothers, nephews ...).
Donations : a person decides to donate a flat in Barcelona to several people.
Divorces : when the house has been bought jointly, either in separation of assets or in a community property regime.
As its name suggests, a joint venture is characterized by being an indivisible property right . This means that, although as a co-owner you own half of a property, you cannot appropriate that half since it is an indivisible asset. For example, you can't keep one room and the living room and the other co-owner the other room and the bathroom.
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Sell an undivided property in Catalonia
Before entering fully into whether or not only a part of a home can be sold, it must be clarified that in Catalonia there are different laws from the rest of Spain that legislate this assumption. Specifically, we are referring to Book 5 of the Catalan Civil Code.
In addition, it must also be clarified that what is seen below cannot be applied to a home that was the conjugal home, since the treatment would be different.
That said, we could affirm the following:
Yes, it is possible to sell only a part of a home.
However, the process of selling only one of the parts of the house will be a procedure that, in addition to not being so economically advantageous, can become tedious and complicated . To carry out this management, the following steps will have to be carried out:
How to sell an undivided property in Barcelona?
Although it is a completely legal and feasible action, finding a buyer willing to buy a property is not an easy task. To do this, it will first be necessary to carry out an appraisal of the home . In addition to the usual parameters when valuing a home (location, surface area, condition, distribution), these types of estimates usually pay special attention to:
Percentage of property to be sold
Number of co-owners
If it is a home inhabited by the seller, by another co-owner or if it is an uninhabited home.
If there is any right of use (for example, in favor of minor children)
Once the value of the property has been estimated, it will be necessary to calculate the proportional part that corresponds to the co-owner who wishes to sell to estimate a starting price for his undivided part.
Although it is a completely feasible action, selling a property in parts will always be a much less economically advantageous management than selling the property as a whole. For this reason, it is always advisable to reach an agreement between the parties involved, either to sell the house as a whole, or for one of the parties to assign its fraction to the other.
* To give you an idea of the price that your home could acquire on the market, we encourage you to request a free online valuation.
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