The sale of the share of the inheritance

Are a co-heir the share of the real estate: can I be forced to sell If in the division friendly (i.e with a contract entered into before the notary) the parties are free to proceed to the division of the assets according to their free agreement (also possibly to adjustments in cash), in the procedure before the court you will have to estimate the assets and then to identify the portions allocated to each co-heir, the portion corresponding to the portion of the right which belonged to the heirs in the communion of the hereditary (in His case, fifty and fifty), which means that in the course of the process of division to form portions of the assets of the value corresponding to the share each co-heir had during the communionThe division before the court will, if the property can be conveniently divided into two portions of equal value, for each fifty, by assigning each of these parts in the sole and exclusive property to the co-heirs (that is, the player and his brother become owners of the cent of half of the apartment according to the division that will be decided in the course of the process by the expert appointed by the court). If, instead, the apartment will not be divisible into parts corresponding exactly to the odds, you will be able to proceed, or giving all the property to the co-heir who makes a request to the judge or the co-heir, the court will identify (that will then give to the other co-heir a cash payment), or proceeding with the sale of the apartment to a third party (with the heirs who will share in half the proceeds). Summing up: the player can immediately sell its share of ownership of the property (after having allowed his brother to exercise the right of pre-emption) although from a commercial point of view it is very difficult to find on the market who wants to buy a share of a property. Or the player may divide the property or amicably (with a deed drawn up before a notary and decided in a manner that is useful to how and to what extent to divide the apartment) or alternatively (in the absence of an agreement with his brother in the way with which to operate the division) asking the courts to divide the property they inherited (according to the above conditions). Clearly the division friendly requires a relatively short period of time, but the need to bear the costs of the expert appointed to verify if and in which way (according to the agreements of the co-owners) is is technically possible to divide the property and the fee of the notary to draw up the deed of division (with subsequent taxes, and charges relating to the transcription of the deed of division). The division court, however, takes considerably longer and the costs of the legal that will defend in court the player (in addition to those necessary for the fees to start the process, and those for the transcription of the judgment). Consider, finally, that the procedure of division (amicable or judicial) is not necessarily at its end will allow the player to remain the sole owner (one hundred) of the property because, as mentioned above, they may:) agree on the division friendly with her brother (but this seems to be the case) because the entire apartment is assigned to him (with cash payment for the player)) or in the course of the procedure division before the judge, it could happen (if the property was not divisible in portions exactly equal to fifty), that the magistrate decides to auction the property (with subsequent allocation to the player and his brother fifty of the proceeds of the sale): this situation will occur in the case where both were not willing to be assigned in the of the real estate by paying to the other heir, the estimated value of the half of the apartment). Good morning, on this situation cited above, the same possibility can be made between the second wife and the only son of the deceased father. The right to live of a spouse may overcome the right to have the fifty of properties inherited by the only son. How must move as the only son to have the part of the property that he inherited. 'Law for All' is a newspaper founded by avv.