Guide
Do all heirs have to agree to sell an inherited flat in Spain?
Three siblings inherit a flat in Spain. One wants to sell, one refuses and the third is stuck in the middle. The question that comes up first is whether everyone has to agree. This page summarises what two articles of the Spanish Civil Code and a 2025 law say about it. It is general information, not legal advice: for your own case, talk to a lawyer in Spain.
The short answer
Under article 400 of the Spanish Civil Code, no co-owner is obliged to stay in the co-ownership, and anyone can ask for the common thing to be divided at any time. Selling by agreement is a different matter. If there is no agreement, what the law provides for a flat is article 404, below. This page covers only these articles; how they apply to an estate that has not yet been divided is a question for a lawyer.
What happens if the flat cannot be divided
A flat cannot be cut into three. Article 404 covers this case: if the thing is essentially indivisible and the co-owners do not agree to award it to one of them, who compensates the others, it is sold and the price is divided.
- One keeps the flat. If they agree, it is awarded to one who compensates the rest.
- The flat is sold. If there is no agreement on the above, it is sold and the price is divided.
Before going to court
Organic Law 1/2025, in force since 3 April 2025, requires in article 5.1, as a general rule, an attempt at an adequate means of dispute resolution before a civil claim can be filed. Articles 5.2 and 5.3 list exceptions. What counts as a sufficient attempt in your case is for a lawyer to say, not this page. Text in the BOE (in Spanish).
What you can do before it gets there
- Put the price in writing. An independent valuation removes one argument.
- Write down the options. Sell, one buys out the others, one keeps living in the flat: each with its numbers, visible to everyone.
- Leave a trail. An email with the proposals and the replies records what was discussed.
If each sibling has a limit they would rather not say out loud, there is a way to choose without anyone revealing it, with a record that anyone holding the file can recompute. It is explained with an illustrative case, in Spanish, in Repartir la casa de los padres entre hermanos. The same answer in other languages: Español, Українська.
Questions
Can one sibling force the others to sell?
Article 400 of the Spanish Civil Code says no co-owner is obliged to stay in the co-ownership and anyone can ask for the common thing to be divided at any time. If the flat cannot be divided, article 404 then applies: it is awarded to one of the co-owners who compensates the rest, if they agree, and otherwise it is sold and the price is divided. How this works in practice and how long it takes is a question for a lawyer.
What if one of the heirs lives in the flat?
How that affects your case is a question for a lawyer. This page does not answer it.
Do we have to try to settle before going to court?
Organic Law 1/2025, published in the BOE on 3 January 2025 and in force since 3 April 2025, requires in article 5.1, as a general rule, an attempt at an adequate means of dispute resolution before a civil claim can be filed. Articles 5.2 and 5.3 list exceptions. Whether this applies to your case and how to evidence the attempt is a question for a lawyer.
Does Parley satisfy that requirement?
This page does not claim that a Parley record satisfies article 5.1 of Organic Law 1/2025. Parley is an open-source tool that helps choose among options you write down and leaves a record that can be recomputed. Nobody has used it on a real inheritance yet.
Try it on your own case.
The demo replays runs already computed by the Parley engine, with no sign-up. If you have a real split on your hands, write to us without names or documents and we will see whether your case fits.