A sharing of goods it is not always a pleasant process, especially since it occurs in situations such as the death of a family member or a divorce. Still, it is something that must be done obeying specific rules.
It is one of the inevitable bureaucracies in cases where there are assets that, due to divorce or death, have to be shared. Where to start? Know the procedures and learn how to act in each case.
Distribution of assets in an inheritance
The division of assets in an inheritance is a process that can take several years, either because of the existence of conflicts between heirs, or because they decided to keep the inheritance undivided. That is, by agreement between the heirs, the assets are managed by the head of the couple.
And it is precisely this person, or their legal representative or agent, who must initiate the sharing of assets.
Currently, the simplest way to start the process is through the Inheritance Counter. These counters exist in various parts of the countryin spaces such as Citizen’s Stores or Conservatories.
Thus, and if the authorization of heirs has already been carried out, that is, if the document that legally declares who the heirs are already exists, then you can start the sharing process. This is also an essential step so that the property can be registered in the name of the new owners.
What documents are required for sharing assets?
In order to proceed with the process, it is therefore necessary to gather several documents, starting with the identification of the head of household. Citizen Card, Identity Card, Passport or Driving License issued in a European Union country are accepted.
In addition to your identification, you must also provide the identification and tax identification number of the heirs. It is equally necessary present the list of assets that make up the inheritance and the value of each of these assets.
You must also indicate what are the terms of sharing. That is, how the heirs agreed to share the assets.
Sharing goods costs 375 euros, but this is just the base cost. Then there is the cost of consulting the registration databases. The values of property registrations and the number of goods awarded to each interested party are also added.
What if there is litigation?
If there is no agreement between the heirs, the sharing of assets must be done through the courts, that is, resorting to the courts. In this case, you have to open the inventory.
The inventory is also necessary if there are minor, disqualified, interdicted, missing or unknown heirs or if the heirs are legal persons.
How is the inventory done?
the inventory it can be requested from a notary who provides this service or from a court. If it results from a judicial process, it must be done with recourse to the court.
This obligation also extends to cases in which the heirs are absent or suffer from permanent disability or when the Public Prosecution Service considers that this is the only way to guarantee the rights of minors.
The request can be made by any of the direct interested parties in the sharing of assets. The document must contain the following information:
- Name of deceased individual;
- Generic indication that you left assets;
- Inventory value;
- Place of habitual residence of the deceased person;
- Name and residence of the head of the couple.
What happens to the court case?
After reviewing the documentation, the court draws up a map of the division of assets. It then discloses it to the interested parties or, if necessary, to their lawyers and also to the Public Prosecutor’s Office.
If there are complaints, a consensus will have to be reached. If an agreement cannot be reached, tenders are held, which means that the goods are sold to the highest bidder.
In situations where there are no complaints, the sentence of division is decreed. The respective notification is made to the interested parties, lawyers and the Public Prosecutor’s Office.
Division of property by divorce
In the case of a divorce, the division of property concerns the couple’s common property. As with inheritances, sharing can take place in court or, if there is an agreement, at a Sharing Divorce Desk. on this map find the existing branches, as well as contacts and timetables.
The division of assets can be made at the same time as or after the divorce or separation of persons and assets. The request may come from the couple or their attorneys.
What documents are needed?
Thus, and in order to move forward with the sharing of goods, it is necessary to present a list of the couple’s assets, the value of each asset and an agreement on how the division will be made. If the property regime is not included in the marriage register and the prenuptial agreement has not been drawn up at a registry office, the couple must present this agreement.
The sharing and registration of the couple’s assets costs 375 euros, but there are other costs to consider, depending on, for example, the number of goods. There are also taxes to be reckoned with and the need to query databases.
What needs to be done?
If you want to deal with the division of assets at the same time as the divorce process, you can go to a civil registry office or use the civil service onlinefollowing the steps indicated.
If you want to divide up the property after the divorce, you can then go to a Divorce with Sharing Office, taking the aforementioned documents.
Afterwards, and depending on the complexity of the process, the services schedule a date for sharing. On this date, both elements of the couple (or their representatives) must be present.
On this day, you can also deal with other issues related to the sharing of assets, such as paying taxes, preparing records, applying for IMI exemption or changing your tax address.
Article originally published in July 2019. Last updated in March 2023.