Co-owners’ options
Shared ownership of a home, land or premises may cause disputes over use, expenses and sale. Division ends co-ownership under applicable law and any valid agreement to remain undivided. Options include a viable physical division, transfer to one owner compensating the others, or sale and distribution of the price.
Without agreement
Check prior negotiation under Organic Law 1/2025 and exceptions before filing. In Catalonia, allocation of an indivisible asset to an interested co-owner with compensation follows the Catalan Civil Code; if none is interested, sale and distribution apply. Auction is not the automatic outcome in every case. Consider valuation, costs and enforcement.
Mortgage, documents and costs
A mortgage does not itself prevent division, but the creditor’s rights remain. Releasing a borrower requires the bank’s consent; allocation of ownership does not automatically release them. Financing or refinancing may be negotiated without guaranteed approval. Review deeds, register, shares, charges, agreements and value. Tax, notarial and registration costs depend on the transaction.
Book an appointment with MH & MG Abogados in Barcelona or Roses to review your case.
Updated: 5 October 2026.