Real estate news

Is the sale of a joint house possible? What are the different options? Let's see what happens if everyone's consent is granted or not.

To sell a joint asset it is necessary to allow all the joint owners, who have to go to the notary to sign the deed of sale. The deed signed by a single owner has no effect. The preliminary signed by only one of the co-owners binds only the petitioner; in the event that he / she fails to obtain, before the deed, the consent of all the other co-owners will have to compensate the damages to the purchaser.

If, however, there is no consensus for the sale of a joint house, there are some alternatives.

The first possible way to go is that of the agreement that is returned to the parties. In this case, for example, the owner who wants to get rid of his share, can transfer it in equal percentage to the other co-owners, who pay him the cash equivalent. But how do you proceed? The asset is valued by an expert to determine the market price and, based on this, the value of the share to be sold is defined; then we go to the notary and, after the deed, the ownership transfer is transcribed. The assignment can take place as a donation or as a sale.

In the event that the agreement is not found, it is possible to sell only one of its shares to a third party. In this case, a percentage of a property not yet divided is sold. The purchaser will then become the owner of every single part of the house, which he can also use, but together with the other co-owners and respecting their rights. Each is in fact the owner of an "ideal share" of the whole good and not of a single and identified portion. Alternatively, the judge is asked for the forced division of communion. To appeal to the court can be both a single co-owner and all together, the court will proceed according to the ordinary rules that provide for a first attempt to divide the asset in nature; not being able to divide the good in nature or not having a different agreement between the parties, the court will be required to sell the house and then divide the proceeds between the various owners in proportion to their respective shares.