After a death, who decides on the sale of a plot of land?

After a death, who decides on the sale of a plot of land?

"My wife and I jointly owned a plot of land. Can one of my children object to the sale of the plot, given that I own most of it? Now and after my death?

André, Chêne-Bougeries

In inheritance law, if there are several heirs, all the rights and obligations included in the estate remain undivided until partition. The heirs jointly own and dispose of the property belonging to the estate.

The law specifies that heirs are entitled to property rights and other rights in rem.

In addition, the hereditary share does not give the heir any direct right to a specific item of the estate.

With regard to your wife's estate as a whole, if the division has not yet taken place, you and your three children jointly own and dispose of the various assets included in the estate, irrespective of the different inheritance shares.

You and your three children have inherited your wife's ownership of a share of the plot. This means that the four of you are joint owners of your wife's share of the plot.

The agreement of all parties is therefore required for the sale of this share, as it is for the sale of any of the assets included in the undivided estate.

At the time of division, the plot will be divided into several quotas, if everyone agrees. The rules of joint ownership then apply. Everyone is free to sell their share.

It is also possible to allocate the parcel to one of the heirs, who is then responsible for paying off the other heirs in the form of a balance.

The situation will be similar after your death.

Your ownership of the plot will revert to your three children, and all three of them will own the plot jointly before the division. All your children will have to agree to the principle of the sale.

You should be aware that joint ownership between different members of a family is likely to create conflicts.