An estate co-ownership arises when, following the opening of the succession, there are several assets and several co-heirs, so that the deceased\u2019s estate remains undivided. In other words, the heirs become co-owners of the estate<\/a>, sharing both the rights over the assets and the obligations attached to them until the partition<\/a> takes place.<\/p>\n <\/p>\n <\/p>\n The estate co-ownership regime has its roots in Roman law, where co-ownership in succession was recognised. Under current Spanish law, although the concept has evolved into a distinct legal institution, estate co-ownership remains the arrangement under which the heirs share the deceased\u2019s transferable estate during the period in which it remains undivided.<\/p>\n <\/p>\n <\/p>\n Each co-heir is the sole owner of a share in the estate as a whole, and that share may be freely disposed of by its holder, including by selling it to a third party. However, the remaining co-heirs have a right of redemption for a period of thirty days from the date on which they are notified, in accordance with Article 1067 of the Spanish Civil Code.<\/p>\n There are special regimes, such as succession agreements<\/a> or regional civil law provisions, including the Aragonese family consortium and the Basque community agreement, which may alter the way in which the estate co-ownership is managed.<\/p>\n If the estate remains undivided for a prolonged period, the heirs may create a civil partnership to facilitate the administration of the assets, particularly where they share common interests and wish to keep the estate together for a specific period.<\/p>\n <\/p>\n In conclusion, estate co-ownership is the legal arrangement under which the heirs share the deceased\u2019s estate in undivided form following the death. It involves co-ownership of the inherited assets, rights and obligations and is characterised by the need for unanimous or majority agreement for certain acts of disposal and administration.<\/p>\n <\/p>\n It is the situation in which the deceased\u2019s estate remains undivided following their death, with the co-heirs jointly owning the estate until the partition takes place.<\/p>\n Co-heirs, legatees of a proportional share and, in certain cases, the surviving spouse. Creditors do not form part of the estate co-ownership.<\/p>\n Certain acts require unanimity, such as the sale or encumbrance of assets, while others may be approved by majority, depending on the nature of the act and the assets involved.<\/p>\n Yes. A co-heir may freely dispose of their share. However, the remaining co-heirs have a right of redemption for thirty days from the date on which they are notified, in accordance with Article 1067 of the Spanish Civil Code.<\/p>\n <\/p>\n<\/div>\n <\/p>\nContents<\/h2>\n
\n
Origins and legal basis<\/h2>\n
Main characteristics<\/h2>\n
\n
\n
Additional considerations<\/h2>\n
Conclusion<\/h2>\n
Frequently asked questions about estate co-ownership<\/h2>\n
What is estate co-ownership?<\/h3>\n
Who forms part of the estate co-ownership?<\/h3>\n
How are decisions made while the estate remains undivided?<\/h3>\n
Can a co-heir sell their share?<\/h3>\n
Related legal terms<\/h2>\n
\n