No heir can be forced to remain a co-owner: each one can ask for division at any time (art. 713 Civil Code). If there is no agreement, mediation comes first and then court proceedings. If the property cannot be conveniently divided, the court assigns it to the heir who asks for it, with a cash payment to the others, or orders its sale.
From the firm’s practice
Division of inherited property is a large part of the firm’s work, and many co-heirs live in other regions or abroad. Agreements are often reached in mediation, where the parties can also take part remotely; when they are not, the first step is checking the building’s planning and land registry position, because it affects whether division is possible at all.
In 30 seconds
Until division, the heirs co-own the property: each can use it without excluding the others, and ordinary management is decided by majority based on shares. An heir who wants to sell their share of the inheritance to an outsider must first offer it to the co-heirs. If no agreement is possible, the court divides the property in kind or, if it is not divisible, assigns it with a cash adjustment or sells it.
Legal references
Who decides about the house until it is divided?
Until division, the inherited property is held in co-ownership. Each heir may use it, provided they do not change its purpose and do not prevent the others from using it in the same way (art. 1102 Civil Code). Decisions on ordinary management are taken by the majority, calculated on the value of the shares (art. 1105).
An heir who lives in the house alone does not automatically owe rent to the others. According to the Italian Supreme Court (Second Civil Division, judgment no. 12662 of 13 May 2025), compensation is due when the other co-owners asked to use the property and were prevented. At division, each heir must in any case account for income received and expenses paid (art. 723).
Can I sell only my share?
Yes, but if you sell your share of the inheritance to someone who is not a co-heir, you must first notify the proposed sale and price to the other co-heirs, who have a right of pre-emption for two months (art. 732 Civil Code).
If the co-heirs were not notified
They can buy the share back from the purchaser, at the same price, for as long as the co-ownership of the inheritance lasts (retratto successorio). A buyer of an inherited share should therefore check that the pre-emption procedure was followed.
Facing a similar situation? You can send your documents to the firm for an assessment, also from abroad.
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What if the property cannot be divided?
A property is “conveniently divisible” only if independent and functional portions can be created without disproportionate costs or loss of value. If it is not, article 720 of the Civil Code applies:
The Supreme Court has confirmed that the court cannot assign the property to an heir who has not expressly asked for it (order no. 36736 of 15 December 2022), and that division in kind is excluded where it would require substantial cash adjustments (Second Civil Division, order no. 3703 of 18 February 2026).
Planning irregularities
The Supreme Court in Joint Divisions (judgment no. 25021 of 7 October 2019) held that the planning rules apply to the division of an inheritance too: a building with unregularised works cannot be divided. Checking the building’s position early saves time and costs.
What if one heir lives abroad?
An heir abroad who agrees can sign a power of attorney at an Italian consulate or before a local notary with an apostille, and a representative signs the deed in Italy. If the heir does not cooperate, the court papers are served abroad: within the European Union under Regulation (EU) 2020/1784, elsewhere under the Hague Convention of 15 November 1965 or the applicable agreements. The case continues even if the heir does not appear.
Frequently asked questions
QCan my co-heir block the sale forever?
ANo. Each heir can ask for division at any time. If the property cannot be divided, the court assigns it to an heir who asks for it, with a cash adjustment, or sells it.
QMy sibling lives in the inherited house. Must they pay us rent?
ANot automatically. Compensation is usually due if the other heirs asked to use the property and were excluded. Income and expenses are in any case settled at division.
QDo I have to come to Italy for mediation?
ANot necessarily. Mediation can take place by video link, and a party can be represented by a person with a power of attorney.
QCan I sell my share to a buyer outside the family?
AYes, but first you must offer it to the co-heirs at the same price. They have two months to exercise their pre-emption right.
Related guides
In short
In Italy no heir must remain a co-owner. If the heirs disagree, mediation comes first, then the court. A property that cannot be divided is assigned to an heir who asks for it, with a cash adjustment, or sold. Selling a share to an outsider requires first offering it to the co-heirs. Heirs abroad can take part through a power of attorney or by video link.
Questions about property or an inheritance in Italy?
Every situation must be assessed on the documents of the specific case. You do not need to travel to Italy: consultations also take place remotely, with documents sent online, by phone, WhatsApp or video call. The first meeting is held in Italian. If you speak English, a video call on Google Meet from a computer may offer Italian–English translation as a support, without any guarantee; it does not replace a certified translation. In-person meetings by appointment in Naples, Rome and Bari.
Official sources
- Italian Civil Code, art. 713 (Normattiva)
- Italian Civil Code, art. 720 (Normattiva)
- Italian Civil Code, art. 723 (Normattiva)
- Italian Civil Code, art. 732 (Normattiva)
- Italian Civil Code, arts. 1102 and 1105 (Normattiva)
- Legislative Decree 28/2010, art. 5 – mediation (Normattiva)
- Code of Civil Procedure, art. 791-bis (Normattiva)
- Regulation (EU) 2020/1784 on service of documents (EUR-Lex)
Information updated on October 5, 2026. This is general information, not legal advice.
Text prepared with the help of artificial intelligence tools and reviewed under the responsibility of Avv. Renato Giuseppe Fiorentino on October 5, 2026.