Conflicts Between Heirs: The Procedure To Recover An Occupied Property

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