Removal of toilets in the bathroom: the law in the case of the house and the conflict between siblings

There is no obligation to live in 'private ownership' of the property we have acquired.

The death of parents is a very bitterway event, which, in addition to empty movement, occurs usually a series of complicated practical and legal actions.Among them, the fate of domestic family often becomes the focus of trouble and disagreements between the Heir brothers.ווען איינער וויל פארקויפן צו קריגן פליסיקייט און דער צווייטער וויל האלטן א הויז פול מיט זכרונות, קען די זאך ווערן קאמפליצירט, אויספרובירן סיי פאמיליע באציאונגען און סיי וויסן פון די פאריגע לעגאלע אפציעס.

Asutmana General: Both dudinas give the same importer and visit to the prospective college.In the dream of this scenario, many think that it is only for the brother who commits to protect other assets, such as real estate.However, there is no other route, often the most profitable.

As the publisher contributes David Jimnjez's comments, there is a specific mechanism that is unknown and little known.It's the end of condominiums.This figure is confirmed by the municipal ordinance and is precisely created to eliminate forced situations such as those that arise after inheritance.

The first basic definition is that no heir is obliged to live indefinitely in the so-called "division" of the inherited property.This means that, if one of his brothers wants to give up ownership of the partnership, they have the legal tools to force a settlement.The idea that if the brother does not agree he can "stop" the sale of the property forever is a widespread mistake.The law recognizes the right of each heir to remove his or her share of the inheritance, and therefore establishes mechanisms to eliminate these situations of stagnation.

Termination of co-ownership is one of these processes.It consists of a legal process that allows the entire property to be given to one of the co-heirs, while the others receive monetary compensation equal to the value of their share.Unlike a traditional sale, there is no negotiation between the buyer and the seller, but rather a forced judicial process that begins precisely because the co-heirs have not been able to reach an agreement to preserve the division.

In practice, the process begins when one of the co-heirs applies in court or before a notary for the dissolution of joint property.An objective appraisal of the property is then carried out, often by an authorized appraiser or agent.Once the market value has been determined, the remaining co-heirs are offered the opportunity to win the property by paying appropriate financial compensation.If the brother who wishes to keep the house agrees, he receives 100% of his property and must pay the brother an amount equal to the value of his share.All this is formalized by an official document from a notary, which is then entered into the real estate register.

The biggest difference compared to a conventional sale lies in the significantly more favorable tax treatment.When selling real estate, the buyer is faced with a real estate transfer tax, which varies from 6 to 10% of the value of the transaction, depending on the autonomous community.Additionally, the seller may have to pay municipal capital gains on the increase in land value between purchase and sale.

On the other hand, the transaction is ultimately taxed through registered legal acts at a recorded tax rate, generally between 0.5% and 1.5%.This difference can mean a saving of thousands of euros.For example, the tax savings on a property worth a thousand euros cannot exceed the annual taxes or five-fifths compared to a traditional sale.

Regarding the capital gain of the municipality, Jiménez clarifies that in principle it should be liquidated without further distribution with the termination of the condominium.The only exception is in cases where there was an excess distribution, that is, when one of the co-heirs receives more than his proportional share.For example, if in an inheritance between two brothers with equal shares, one of them received 70% of his property and the other only received thirty, or one of them received the entire property, but the other did not compensate the value of his share.In these circumstances, municipal capital gains can be applied for surplus.

In addition to tax savings, condo disposals offer other potential advantages.It is more practical than the traditional practice, especially when the heirs are already identified and their shares are clearly defined.Strictly regulated directly by the Civil Code, it offers strong and predictable legal rules, reducing what is possible deep in the bushes.It also protects family relationships, as it allows for a moderate solution in which everyone gets what they are looking for: The property in some cases, the kidney in others.Finally, it prevents the sale to a third party, allowing a family member who is not interested in keeping the property to do so without having to deal with a seizure or sale to a foreigner.

However, there are some practical considerations that need to be taken into account.The brother who owns the property will need financial resources to compensate the other co-owners, who may need to access bank financing.Another important point is the property valuation agreement.If the co-owners are not the same, an assessment by an independent technician or ultimately a court decision may be required.It is also necessary to take into account that the procedure can be challenged by any of the co-owners if they consider that their quota is not being met or there are violations in the assessment.In cases where there are more than two heirs, the situation becomes more complicated, but the mechanism for terminating a condominium remains applicable with necessary modifications.

It is important to note that termination of residency is not the only option available.Depending on the circumstances, the heirs can discuss other ways, such as agreeing to maintain the separation for a certain period of time, determining the terms of use and maintenance of the property.They can also agree to put the property up for sale jointly and split the income equally.In the case of an estate with various assets, the assets can be awarded to one heir and include other assets of the estate.Another option is to rent a home and distribute the money periodically.

in short.This power not only provides a legitimate way to change your appearance, but it does so in a deeper, more subtle, and different way than traditional first-party or third-party sales.

The key to the successful implementation of this instrument lies in proper knowledge of its legal requirements, an objective assessment of the property, fair compensation between heirs and especially the advice of professionals specialized in inheritance and taxation law.Faced with the painful process that follows the loss of a parent, legal instruments such as condominium termination offer heirs not only a practical solution to the inheritance dilemma, but also a framework for, as far as possible, preserving family relationships at a time as sensitive as the distribution of the deceased parent's assets.

@davidjimenezabogodo 🏠 What should you do if the other wants to sell?Write Idwards Casa in the comments and contact us ✅ @Davo.e.es mead @ @AevoTactor off off off reglog