Can I prevent an heir from living in an inherited property?

Find out the answer from Stéfanie Luz, lawyer and team leader of the Family and Succession department, in "Family by Law"
Articles 26/05/2025

Before division, the use of inherited property by one heir is only allowed if there is consensus among the others. Otherwise, the law states that any of the heirs may object by sending formal notification.

Once opposition to the use of the property has been raised, its occupation becomes unlawful. If the heir insists on remaining in the property against the wishes of the others, they may have to compensate them, usually with an amount equivalent to what they would have received if the property had been rented.


The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.

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Practice Areas

  • Family and Inheritance

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