Can a property in Italy be sold if one of

12/10/2022 - 08:49

Can a property in Italy be sold  if one of the heirs oppose the sale? Their are seven heirs in total and Condominio bills are not being paid and the only solution is to clear the debt and put the property up for sale.  Both myself and my brother have a share 9/30 each. Other heirs are keen to sell to except one who holds 4/30 who is opposing a sale. Thank you in advance.  



I, in your place, would offer my share to the owner who doesn't want to sell - even if he gives you less than the value, it will always be a sum lower than what you spend in a lawsuit, in an Italian court

Thank you for your prompt reply. Unfortunately there is an inheritance dispute. My sister, in question has 4/30 of the share of the property. Both my brother and I have 9/30 each. She is doing this out of spite. There are 7 heirs in total , 2 of which live in Italy and are young, in their 20's .A solicitor has approached them to pay the unpaid Condominio bills by the heirs in the Uk . If and once paid can some of the remaining heirs force a sale despite the high legal costs?Thank you

In theory yes,  If the property is not divisible then a judge can order a sale, which in this case - seeing as 6 want to to sell and the one who doesnt has only 12% or so of the property - would be a sensible thing to do.   Does your sister pay her share of bills, tax and imposte?   

First of all , what is the value of the property ? - because filing a legal action in Italy, has its costs and its time (both not negligible) If your other properties are outside the Italian territory - and therefore nothing of yours - it can generate a real profit, to be attacked by the Italian justice - I am of the opinion that engaging in a legal war does not produce any gain - On the contrary, very probably the expenses will be higher than the recovered value - Let the other heirs wage war against each other, and intervene, ONLY, when the war it will be missed by all...

I must admit that I have some sympathy with a female who gets less than a half of the inheritance her brothers get,  but do not know the reasons behind such a seemingly unfair distribution

Two options come to mind.

1...Go to law, in the hope that she realises that her legal costs will be excessive,  and she therefore relents on the sale


2... You and your brother each offer her 1.5/30 of your respective inheritances, (conditional on a sale) leaving her with 7/30 and the you boys with 7.5/30 each.  She may see this as a more equitable solution, and agree to sell.



I have total sympathy for this predicament through personal family experience and the lessons are to compromise to get something and a resolution or risk a lingering problem with cost risk and ultimately getting nothing and the next lesson is not to pass on a problem to my kids.

Alan, as a backstop I have written out that on a single sheet that i want my property/assets in Italy to be distributed as per my English will.  This can be written in English or Italian and just needs your signature and date and to be filed alongside any English will.  Of course eventually the English version would need to be translated but then so would the English will.  This is to try and avoid Italian 'eredi necessari' hierarchy rules applying.  Others might say that this is not totally reliable, fair enough, and that plan B would be to transfer it now to heirs, but that then means they have to take on paying the taxes, costs, etc otherwise HMRC will not regard it as a valid transfer.

Your English will however will not take precedence if you are resident in Italy.  The inheritance law is governed no longer by your nationality but where you prevalently live - so if you are resident in Italy, then Italian succession law applies for any Italian property.