Both my brother and myself each own 9/

07/24/2015 - 04:08

Both my brother and myself each own 9/30 of a property in Italy left by our late mother(an Italian) in her will. This had displeased my sister who is blocking a sale unless I agree to share the proportion equally by all the five heirs. Succession took place two years ago in Italy and is now finalised. None of the remaining parties have taken any interest in the property and payments of bills etc, however one heir feels that the only way to push forward a sale is down to me and my brother to split equally. My brother is against the idea as it was not our late mother's wishes and also our 'sister' had taken us to court in Italy to which she had lost the case. My sister is extreemly unapproachable so we are unable to move forward. Bearing in mind that my brother and I hold a greater share of the property, and if the other heirs agree, can my sister be forced to sell? Thank You. 



It depends on the property and on the quotas.  You and your brother have 18/30 - how is the rest split?   If the property is divisible then you cannot force your sister to sell.  If a judge rules it is not divisible then she would have to buy out the other owners or sell according to her quota.  If you and your brother are taking on all the expenses and taxes and have done for a number of years, it will play in your favour.

Hi,Thank you for your prompt reply. The quota is split between the five heirs as follows: Myself 9/30,my brother 9/30. each remaining three heirs 4/30 each. I have taken the responsabilty in the past of settling the bills with money that I was entrusted with by my mother.Can mysister be forced to sell? Thank You

It is in appartment measuring approximately 80m2 in the town of Minori on the Amalfi coast. Each heir holds a set of keys but no one uses the flat. My husband and I own our own separate property nearby and each year we visit we check to see that all is in order. No one else has taken any interest. Thank you.

An apartment is usually not judged divisible, so in order to get your sistr to sell her quota you will have to a) go to court and ask a judge to rule in favour of the other heirs. or b) put it on the market and when there is an offer, you can all sign a non binding compromesso, which you then send to your sister for her signature - she has 60 days to sign or buy.  But I use the word techincally - she can hold things up for a long timeYou can also demand that she pay her share of the upkeep, and send her aletter offering to buy you out, or sell her quota.  IF she says no or doesnt reply it gives you the opening to go to the judge and ask for a ruling.   Shame because Minori is lpvely!

Thank you for your reply. Please can you clarify as to what do you mean by ' an apartment is not divisible'? On the Successione Testamentaria it clearly states the division. Please excuse me for asking but are you a solicitor? Many thanks.

If something is divisible or not doest mean the quotas or shares of ownership, but if the property is materially physically divisible.  For example a piece of land can be divided up between owners, a house and land can also be divided - one person gets tthe house, and the other person the land.    In the case of an apartment it would be judged indivisible unless it had two separate entrances (for examples) and could be physically divided into two or more units.   In your case, if its a normal apartment it would be nigh on impossible to give your sister 4/36 of it - although I deal with houses where a room is owned by one person and another room by another - though fortuntely this practise isnt common any more.  No Im not a solicitor.  Im an estate agent who deals with clients from all over the world many of whom find themselves in your situation, so its something that Ive done for clients over the years, both buying and selling these 'complicated' properties.   You in a way are lucky you only have 36s to deal with.  I am selling a property that has 18 owners in 243s and one owner - who possesses 12/243 is against the sale - and he is being forced to either buy or sell by the others.   its not necessarily straightforward, but it is possible.