Selling an inherited property shared by several heirs

A property divided among heirs is one of the most common — and most delicate — real estate situations in Brazilian families. Add distance, with some heirs abroad and others nearby, and decisions slow down. This guide explains how co-ownership works and the paths that usually lead to a solution.

What co-ownership means

When an inventory gives the same property to several heirs, each one owns an ideal fraction (for example, a quarter), not a specific room or floor. Consequences:

• selling the whole property requires all co-owners to sign;
• each co-owner can, in principle, sell their own fraction, but with restrictions;
• expenses (property tax, condominium fees, repairs) are generally shared in proportion to each share.

Option 1: everyone agrees to sell

This is the simplest path. The heirs agree on a price, choose a broker, and those abroad sign through a power of attorney (see power of attorney from abroad). Points to settle in writing before marketing:

• minimum price and who can accept offers;
• how the money will be divided and to which accounts;
• who pays pending debts and the sale costs;
• how each heir will handle the tax on their part — heirs abroad follow the non-resident rules, see capital gains tax for non-residents.

Option 2: one heir buys the others out

Often one heir — usually the one living nearby or in the property — wants to keep it. The others sell their fractions to him or her. A neutral valuation helps everyone accept the price. The transfer is done by deed and registered, like any sale, with the corresponding taxes.

Right of first refusal

When the property cannot be divided physically, a co-owner who wants to sell their fraction to a third party must first offer it to the other co-owners on the same terms. A sale to an outsider without that offer can be challenged. In practice, almost no outsider wants to buy a fraction of a house shared with strangers, so this right mostly matters within the family.

Option 3: when someone refuses

If one co-owner refuses to sell and no one can buy the others out, any co-owner may go to court to end the co-ownership (extinção de condomínio). If the property cannot be divided, the court may order its sale — often at auction — with the money divided by share. Judicial sales usually achieve lower prices and take time, so the threat of this route often encourages a negotiated solution.

Someone lives in the property

If one heir lives in the property while the others do not, questions arise about compensation for the use and about who pays the bills. These are legal questions to discuss with a lawyer, ideally while there is still good will in the family.

Practical tips for families spread across countries

• Keep one written channel (e-mail) for decisions, so that everyone sees the same information.
• Get an independent valuation early, to avoid arguing about numbers.
• Make sure every heir’s CPF is regular before the sale.
• Keep property tax and condominium fees paid while you decide.

Next step

Most disputes among heirs start with lack of information. A clear picture of value, debts, costs and net amounts per heir helps everyone decide. If your family is facing this, describe the situation in the consultation form.