Frequent case · A problem that often arises. Frequent case described in general terms: names, places and details do not refer to real persons or files.
If several heirs who co-own a holiday home do not reach an agreement, none of them can use it alone as if it were theirs. Whoever uses it exclusively may have to pay compensation to the others. It is advisable to set rotas, expenses and rules of use in writing.
The case: three siblings and a house in Capri
Three siblings inherit a house in Capri. One uses it every summer with their family. The other two almost never go there, but pay taxes and expenses. They ask to receive a share of the value of the use.
What usually happens
Each co-owner may use the house, as long as they do not prevent the others from doing so. Whoever keeps it only for themselves may be called upon to compensate the others. Maintenance expenses are divided in proportion to the shares. If no agreement is found, anyone can request division.
The best solution for you
- First step: a written agreement on rotas of use and on expenses.
- If one wants to keep the house: they can buy the others’ shares after a valuation.
- If no one wants to stay: the house is sold and the price divided.
What to do right away: gather the land registry searches, the expenses paid and the calendar of uses. No route guarantees an outcome.
How Avv. Fiorentino can assist you
- Prepare a clear agreement on use for all the siblings.
- Calculate the compensation and the reimbursement of expenses.
- Assist with the division or the sale, if needed.
Frequently asked questions
Can I change the lock? No, if you prevent the others from entering you risk being liable for damages.
Who pays for urgent repairs? Whoever advances the cost can ask the others for their share.
Learn more: division of an inheritance · home, property and condominium.
Read also: Inherited home occupied by a single heir: must compensation be paid to the others? · Co-ownership of an inheritance: how it is dissolved and what to do if the heirs do not agree
Author: Avv. Renato Giuseppe Fiorentino, Naples Bar · Updated on October 18, 2026 · General guidance text, written with the aid of artificial intelligence tools. It does not replace a consultation on your case.
(Read also): Legal guides from Studio Legale Fiorentino · Inheritance tax return: deadlines, exemptions and taxes · Acceptance of the inheritance with benefit of inventory: when it is worthwhile
Translated from the Italian original; updated on October 18, 2026.
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