My brother doesn’t want to divide the inheritance: what can I do?

When, after the death of a parent or another family member, the inheritance passes to multiple people, a hereditary community forms among the co-inheritors. Each heir becomes the owner of their share of the entire inherited estate, and the situation can become particularly complex when one of the siblings does not want to proceed with the division of assets. However, the refusal of one co-inheritor does not necessarily mean that the others must remain forever bound to the community. Article 713 of the Civil Code states that the co-inheritors can request the division of the inheritance. The division can be made consensually when all heirs reach an agreement on the distribution of assets and, if there are properties involved, through the acts in the form required by law. If one of the co-inheritors opposes, does not cooperate, or prevents an agreement from being reached, it is possible to consider resorting to the tools provided by the legal system to dissolve the hereditary community. In practice, before going to court, it might be advisable to attempt a solution through mediation, which constitutes a condition of procedural validity for disputes regarding inheritance and division. If mediation does not lead to an agreement, the interested co-inheritor can promote judicial division before the competent Court. The procedure allows reconstructing the hereditary estate, identifying the co-inheritors and their respective shares, determining the value of the assets, and proceeding to form the portions due to each participant. The division must be made, when possible, by assigning the assets to individual co-inheritors according to the value of their respective shares; when, however, an asset, as often happens with a house, is not materially divisible or its division would compromise its function or value, other solutions provided by law can be considered, including assigning the asset to one of the co-inheritors with a possible adjustment in favor of the others or, in cases provided for, selling the asset and subsequently distributing the proceeds according to their respective shares. It is also important to distinguish the right to division from the intention to immediately sell a specific property. If one sibling wants to sell the entire inherited house and the other opposes, it is generally not possible to sell the entire asset without the consent of all co-owners. However, the problem can be addressed through the division of the hereditary community, which allows for the transformation of the ideal shares of the co-inheritors into concrete assignments. The situation also requires particular attention when one of the siblings is solely using the inherited house, prevents the others from accessing it, receives any rental income alone, or claims to be the sole owner of the property. In such circumstances, it is essential to examine the succession documentation, the inherited shares, any testamentary provisions, the land registry and cadastral situation if applicable, as well as the manner in which each co-inheritor has used or managed the assets of the inheritance. Before taking any initiative, it is therefore advisable to accurately reconstruct the composition of the hereditary estate and verify the existence of any wills, debts, donations, bank accounts, properties, or other assets that could affect the correct determination of shares. In conclusion, if one sibling does not want to divide the inheritance, their dissent does not necessarily exclude the possibility for the other co-inheritors to obtain the dissolution of the community. The law indeed recognizes the co-inheritor’s right to request division and, when a family agreement is not possible, the legal framework provides a process that can lead to judicial division. Evaluating the specific case is crucial, especially when there are properties of significant value in the inheritance, multiple co-inheritors, wills, donations made by the deceased, disputes over ownership of assets, or exclusive use of the property by one of the heirs. Those in this situation should therefore promptly verify what their rights are regarding the hereditary estate and what tools are practically usable to achieve division and end the hereditary community.