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Selling inherited property when one co-heir will not agree

Selling inherited property in Bulgaria when a co-heir refuses: joint sale, share transfers, voluntary partition and court proceedings.

Kalchev Law FirmA law firm publication
2 min readPublished: Legal review pending

The essentials

  • Selling the whole property requires participation by all owners or their representatives.
  • Selling your share is a different transaction.
  • Agreement, a buyout and partition solve different problems.

You have a buyer for an inherited apartment, but one heir rejects the price or does not want a sale. The others cannot sell that person's rights by a majority decision. That does not mean co-ownership must continue without a possible solution.

Separate two questions: who owns which rights, and what each person is willing to agree.

An inheritance certificate is not the entire title investigation

Establish what the deceased owned and which rights passed to the heirs. Marital property, wills, renunciations, earlier gifts and later transfers may matter. Shares cannot safely be calculated simply by counting living relatives.

Gather title documents, inheritance certificates and available documents recording changes in ownership. Successive inheritances may require investigation across more than one generation.

Three routes to an agreed solution

All owners may sell together. They should settle the price, allocation of payments, deadlines and vacant possession in advance.

Alternatively, one heir may acquire the others' shares. An independent valuation can assist negotiations but does not compel agreement on a particular price.

A voluntary partition may also end co-ownership where agreement is possible. It does not necessarily mean dividing an apartment into rooms. Legal and technical divisibility, and the required form of the agreement, need separate attention.

Can you sell just your share?

An undivided ownership share is not a particular room. When a share is sold to an outside party, Article 33 of the Property Act requires an offer to the other co-owners on the same terms and the relevant evidence before the notary. Sham arrangements are not a reliable way around their rights.

Where an estate remains undivided, Article 76 of the Inheritance Act must also be considered. A transaction involving an inherited asset should not automatically be treated as an uncomplicated sale of a share in a single property.

If agreement remains impossible

In principle, a co-owner can seek partition. The outcome of judicial partition depends on the asset and statutory requirements. Possible methods include public sale of indivisible property. No one can promise in advance that a particular heir will receive the apartment.

If one co-owner personally uses the common property and prevents the others from using it, compensation under Article 31(2) of the Property Act may be a separate issue. A written demand is significant under that provision.

Practical guidance

What to do, step by step

01 / 04

Establish who owns what

Before negotiating, trace title and inheritance rather than dividing the property simply by counting heirs.

  • Collect the title documents and inheritance certificates.
  • Check wills, renunciations, marital rights, earlier gifts and later transfers.
  • Where there have been successive inheritances, trace the chain through the necessary generations.
02 / 04

Separate a sale of the whole property from a sale of a share

The other heirs cannot sell the dissenting co-owner’s rights by majority decision.

  • For a sale of the entire property, ensure every owner or duly authorised representative participates.
  • If only an undivided share is being considered, check Article 33 of the Property Act and the possible application of Article 76 of the Inheritance Act.
  • Do not describe an undivided share as a specific room or physically separated part.
03 / 04

Choose a realistic agreed solution

A negotiated solution may be more efficient than litigation, but the available routes solve different problems.

  • Consider a joint sale with the price allocation and deadlines agreed in advance.
  • Assess whether one heir can buy out the others’ shares.
  • Consider voluntary partition only after checking legal and technical divisibility and the required form.
04 / 04

If agreement fails, assess partition separately

Judicial partition is a separate procedure and its outcome cannot be promised in advance.

  • Check whether the asset is divisible and which statutory methods may apply.
  • Take account of the possibility that an indivisible property may be sold publicly.
  • If one co-owner exclusively uses the property, separately examine potential compensation after a written demand.

Plan an inherited-property sale

Discuss your circumstances with a lawyer. Leave a phone number or email, or call us directly.

This article is for general information only. It does not constitute or replace individual legal advice.