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In 30 seconds
- If the heirs cannot agree on the home, any of them can ask for the estate to be divided.
- Before going to the judge, in many cases, there is an attempt at mediation.
- Heirs who live abroad can often take part remotely or through a power of attorney.
Why co-heirs fight over the home
When a parent dies, the heirs become co-owners of what is left. The classic case is the family home: one sibling lives there, another emigrated, a third would like to sell. Each has a share, but none can decide alone. If relations worsen, the home sits idle, the expenses pile up and the taxes arrive anyway.
Asking for division
Any heir can ask for the estate to be divided. Assets can be assigned in proportion to the shares. If a home cannot conveniently be divided, it can go to one of the heirs with a cash adjustment to the others, or it can be sold and the proceeds divided. A technician’s valuation is usually needed. Whoever lives in the home may have to compensate the others for something: the case has to be examined on its facts.
Mediation before a lawsuit
For disputes over inheritances an attempt at mediation is often required before going to the judge. The application is filed with a mediation body. The list of bodies and the matters for which the attempt is required should be checked on the website of the Ministry of Justice, because they can change. As a rule the parties are assisted by a lawyer.
Taking part from abroad
If you live outside Italy, you can ask the mediation body whether you can take part remotely. Alternatively, you appoint a representative with a power of attorney. The form of the power of attorney and the required formalities (for example, legalization) depend on the country: ask a lawyer or the Italian consulate before you sign.
If mediation is not enough
If there is no agreement, you can ask the judge for the division. The lawsuit takes time, costs money and requires an expert appraisal of the home, and the outcome cannot be predicted. It is wise to check first that the estate documents are in order, because an estate that has not been completed can block the division. For inheritance taxes, contact the Italian Revenue Agency (Agenzia delle Entrate). The firm does not handle the law or taxes of other countries.
Typical case
A problem that comes up often. Typical case described in general terms: names, places and details do not refer to real people or cases.
Two sisters live in the United States and their brother lives in the family home in Portici. After their mother’s death, he refuses to sell and does not pay the expenses. Before writing to the mediation body, they check who the heirs are and have the home appraised.
What to do in the first 7 days
- List the heirs and their contact details.
- Gather the will, the inheritance tax filing and the land registry extracts.
- Record the expenses and payments already made by each person.
- Do not change the lock or occupy the home without a written agreement.
- Avoid heated messages: they can be read in court.
Frequently asked questions
Can I be forced to sell?
In some cases yes, if the home cannot be divided and an heir asks for it to be sold.
Do I have to come to Naples?
Not always. It depends on the mediation body and on the power of attorney.
Learn more: Legal guides from Studio Legale Fiorentino.
Want to understand your case?
The firm sees clients in Naples (P.zza Giovanni Bovio 22 and Via Monte di Dio 14), in Rome and in Bari, by appointment, and remotely throughout Italy.
Original in Italian: Coeredi in disaccordo a Napoli: mediazione e divisione
Author: avv. Renato Giuseppe Fiorentino, Naples Bar. Informational text; it does not replace advice on your case. For updated details, see the official websites mentioned in the text. It is not legal advice. The firm does not handle the law or taxes of other countries.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.