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Legal Inheritance

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Do any of you have any idea on legal inheritance?

I have two questions:

1) Lets say a father owns 50% of a house, title deed. 50% is with his eldest son. What happens after he dies? He has a wife and another 3 children (4 total). Does the father's 50% get split up between everyone or transfers to the wife?

2) Another question. Lets say this other guy has a house. But he has 4 children, 2 legally and 2 with a secondary "mia noi." How is this split up? legal wife still alive.

  • Author
Rather depends on whether the person has a will or not.

No will.

  • Author

Another question. Let say two people own a property.

60-40. Can the 60% guy sell the property because he has a majority? Or does it have to be a total majority. All parties must agree to sell?

consult a lawyer, most answers on here will be gueswork. I understand most expats club have a free legal advice lawyer at their clubs.

  • Author

What about co ownership?

Section 1361.

Each co-owner may dispose of, mortgage, or create a charge on, his share.

The property itself may be disposed of, pledged, mortgaged or made

subject to a charge only with the consent of all the co-owners.

However, if a co-owner has disposed of, pledged, mortgaged or

created a charge on, the property without the consent of all the

other co-owners, and he subsequently becomes the sole owner of it,

such act shall become valid.

I don't understand this sentence.

So if two owners 1, 51% another 49%. If one decides to sell the property without the other owner's consent.

The sale is valid? Does he have to pay the other owner a portion of the sale?

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