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When several heirs inherit a property, conflicts often arise if one of them occupies the dwelling exclusively without the consent of the others and without paying any rent. In such cases, Spanish law provides a clear legal remedy: eviction proceedings based on precarious occupation.
The Spanish Supreme Court recently reinforced this doctrine in Judgment nº 1576/2024 of 20 November 2024. In this case, one sibling occupied the inherited property exclusively. The Court held that, during the period of undivided inheritance, no co-heir is entitled to exclusively possess a common asset without the consent of the others, as this would harm the interests of the hereditary community.
The ruling is based on Articles 394 and 398 of the Spanish Civil Code. Article 394 allows each co-owner to use common property provided such use does not harm the community's interests or prevent others from exercising their rights. Article 398 establishes that decisions concerning the management and enjoyment of common property must be adopted by majority rule, while also allowing judicial intervention when an agreement is seriously detrimental.
On this basis, the Supreme Court confirmed that, although all co-heirs have a right to possession while the inheritance remains undivided, this does not justify exclusive occupation by one of them. Accordingly, the remaining co-owners may initiate eviction proceedings without breaching civil law, even where the occupation is supported by a majority, if it is harmful to the community.
Eviction based on precarious occupation is a judicial procedure that allows owners or co-owners to recover possession of a property occupied without legal title. In inheritance matters, if one heir occupies a property without the consent of the others, eviction proceedings may be brought to restore joint possession.
The process usually begins with a formal prior notice, commonly sent by registered letter. If ignored, legal action may follow, and the court may order eviction if the occupation is deemed unlawful.
Unlike eviction for non-payment of rent, precarious occupation involves no lease agreement or legal title justifying the use of the property.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
