It is quite common for co-owners of a property to disagree over whether to sell it or how it should be allocated to one of them. Under the Spanish Civil Code, no co-owner is obliged to remain in joint ownership of a property indefinitely. It is sufficient for one co-owner to wish to bring the co-ownership to an end to compel the others to do so through court proceedings known as an action for the division of jointly owned property.
Problems arise when some co-owners wish to sell and others do not, or when they cannot agree on essential terms of the sale, such as the price. This may occur, for example, when heirs wish to sell an inherited property and divide the proceeds in proportion to their respective ownership shares, or when a property acquired jointly during marriage must be dealt with as part of the liquidation of jointly held assets, among other situations.
Where no unanimous agreement can be reached, the best course of action may be to seek a judicial solution by filing a claim for the division of the jointly owned property. The party opposing the claim may be ordered to pay the legal costs, which in practice can encourage the parties to reach an agreement in many cases. If no agreement is reached, the proceedings will continue until judgment is delivered, and the property may then be sold at public auction, with bids invited from third parties. The proceeds will be distributed among the co-owners in proportion to their respective ownership shares. This may result in a financial loss for the party opposing the division, in addition to an order to pay the legal costs.
If you find yourself in this situation, it is worth seeking legal advice to assess the available options and identify the most appropriate solution to the dispute.