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I inherited a house with my siblings, when will I be able to sell it?
The sale of inherited property is often decided by the heirs, paying inheritance tax, which must be paid within six months of the death. It is possible without waiting for the outcome of the inheritance, taking into account certain legal and tax aspects.
First of all, the sale presupposes the acceptance of the inheritance by the heirs (to which it will not be possible to return afterwards). You must make sure that you know the list of these heirs and their rights; otherwise, it is impossible to know who is eligible for the sale. This approach is the subject of a notarial deed, the act of notoriety.
It is also necessary to formalize the transfer of ownership of the property before the property registry service, through an act of certification of ownership or participation.
Estimation, a key step
In the event of disagreement between the heirs, the sale can be complex. If the property is jointly owned, all the co-heirs must give their consent. If one of them opposes the sale, the others can request the sale judicially if they represent more than two-thirds of the joint ownership. They can also request a judicial partition, which can sometimes result in a judicial sale.
Determining the value of the property is a key step.
A fair estimate allows you to set an attractive sale price. But it will also have tax implications: inheritance tax and capital gains tax in the event of a resale will depend on this amount. Underestimating the value of the property can result in a tax adjustment and a significant capital gains tax, while overestimating will increase inheritance tax.
