Contentious co-ownership: how does it work and how long can it take?

Find out what happens when heirs cannot reach an agreement and what the average resolution times are.

As disputed shares These are cases where there is no agreement among heirs or ex-spouses regarding the division of assets. Unlike an amicable settlement, which is formalised at a notary's office via a public deed, a contested division proceeds through the probate process, with the involvement of a notary and, ultimately, the court. It is a common reality in inheritance and divorce contexts, characterised by disputed valuations, challenges, and longer deadlines.

Litigious shares

One Litigious share This occurs when there is no agreement on how to divide assets such as real estate, shares, vehicles, or bank accounts. This type of legal process is governed by the Code of Civil Procedure., Articles 1082. a 1128th, and by the Civil Code, articles 2079 a 2105th. The procedure can begin at a notary's office, but if there is serious opposition, it is referred to the court.

Typical cases of contentious inheritance disputes include situations of Heirs in disagreement Regarding asset concealment, disputes over debts, or even when the Widow's house It does not play its role impartially.

How does a litigious inheritance work

The process follows defined steps:

• Inventory openingany heir or interested party may request the Inventory process.

• Presentation of the list of assetsthe head of household lists all assets and debts, as described in list of assets in the inheritance.

• Property valuationproperty, shares, and valuables are assessed by experts, which is essential for a fair division. The subject is detailed in valuation of assets in an inheritance.

• Sharing mapThe notary draws up a division proposal, open to opposition from interested parties.

• Judicial interventionIf there is no agreement, the court will decide how the assets are to be divided and ratify the judgment.

During this process, it may be presented challenges to the division When an heir feels wronged.

How long can litigious shares take

As disputed shares rarely are they quick. The duration depends on factors such as:

• Number of heirs or interested parties in conflict;

• Complexity of assets to be divided, particularly businesses and real estate;

• Need for technical expertise and independent assessments;

• Existence of minors or persons under legal disability requiring judicial guardianship.;

• Appeals lodged against decisions.

In practice, a contentious partition can take between one and three years, potentially extending longer in cases of greater litigiousness or multiple challenges.

Amicable division vs. litigious division

Whilst amicable division relies on consensus and is concluded quickly by notarial deed, disputed shares entail a court inventory, expert assessments, hearings, and higher financial costs. To better understand both routes, read the article on Friendly sharing or judicial sharing.

The role of the lawyer in contentious divisions

In a process of Litigious share, o Solicitor in divisions and inheritances has essential functions:

• Representing the heirs at all stages of proceedings;

• Request fair valuations of properties and assets;

• Respond to unfavourable sharing maps;

• Monitor deadlines and resources to avoid nullities;

• Negotiate agreements that can shorten the duration of the process;

Without legal support, it's easy to miss deadlines, accept unfair settlements, or have inheritance rights jeopardised.

Conclusion

As disputed shares They are inevitable when there is no agreement between heirs or ex-spouses. Although lengthy and costly, the judicial process guarantees impartiality and respect for the law. Preparing complete documentation, using experts, and having a lawyer's support in divisions and inheritances are essential steps to protect rights and shorten the duration of the division as much as possible.