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.
Read article →Agree participants, valuation and equalisation payments in a voluntary partition. Signing alone does not secure a deferred payment.
By agreement, co-ownership can end through voluntary partition in which one participant takes the apartment and the others receive monetary equalisation. The apartment need not be physically divided into rooms, but the correct participants and legal form are essential.
Voluntary partition of Bulgarian real estate requires writing with notarised signatures. Verify every owner, their shares and required authorisations where an incapable or absent person is involved. Omitting a co-heir is particularly significant in an inheritance partition; a family list of those attending is not a title investigation.
Agree the value and calculation of equalisation. Identify other claims, such as repairs, rents or debts paid, and state whether the partition settles them. A general release of all claims may go further than expected.
Specify amount, due date and receiving account. The law permits a statutory mortgage for a participant owed equalisation over the property allocated to the debtor. It is created by registration and its priority matters; signing the partition does not itself secure first rank against other creditors.
Arrange delivery of the home and documents. Partition does not automatically erase existing mortgages or third-party rights. If payment is deferred, assess the security's value alongside prior encumbrances.
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This article is for general information only. It does not constitute or replace individual legal advice.