This is how the end of article 28 affects the sale of an inherited house

24 de November de 2021
vender inmueble heredado

To sell an inherited house will no longer be a problem for non-forced heirs.

Last September, one of the most controversial articles in the sector, article 28 of the Mortgage Law, was repealed.

This established that non-direct heirs – those who were not children, parents or spouses – had to wait two years after the owner’s death to be able to sell the home.

“Las inscripciones de fincas o derechos reales adquiridos por herencia o legado, no surtirán efecto en cuanto a tercero hasta transcurridos dos años desde la fecha de la muerte del causante. Exceptúanse las inscripciones por título de herencia testada o intestada, mejora o legado a favor de herederos forzosos”.

A highly questioned item in the market, which was intended to protect other possible heirs or illegitimate children. They were given a period of two years to appear and claim their rights.

With the elimination of this article, all those homes that have been inherited after September 3 will be able to be marketed freely and at market price.

Good news for both heirs and the real estate sector:

  • The new owners will be able to market the property at a fair price. Before this derrogation, owners who had a property for sale with this “burden” were forced to lower the price due to the risk assumed by the buyer.
  • The real estate market will benefit from all those properties that had been paralyzed, offering a greater offer to those interested.

Do you want to know how much you can sell your inherited house in Barcelona for?

If you want to know the price that your current home has on the market, you can do it right now with our free online valuation tool. In just two minutes you can find out.

Do not hesitate to contact our agents, we will help you to make the sale of your property completely safe, profitable and successful.

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