Selling Your Parental Home: Your Rights and Options

Questioner

After the death of both parents, the parental home was put up for sale for an amount of 330,000 euros. Now some brothers and sisters want to reduce the amount to 298,000 euros. My sister and I do not agree, especially because it concerns a farm in a rural area and with a lot of land, my sister and I also have a separate appendix from the estate agent, the declaration, in which my sister and I give permission to sell the house for the amount of 330,000 euros. The house has recently been put up for sale for this amount. Can my other brothers and sisters reduce this amount without permission and if so, what can we do. Or can my other family members force us?

Lawyer

Indeed, there is the possibility that your brothers and sisters will sell the house - even without your cooperation - for a lower amount. However, this is not allowed just like that. This will have to be done through legal means: Four possibilities: There are four ways in which you can be forced to cooperate in the sale or transfer of the property: 1. Request to the court for 'authorization of monetization' pursuant to article 3:174 BW. This can be done via a normal procedure or via an expedited procedure (summary proceedings). With this authorization, the heirs can sell the house themselves, without your cooperation. 2. 'Assignment to yourself' ex article 3:185 BW. This can only be done through normal court proceedings. The judge can determine the takeover price. 3. 'Real execution' pursuant to article 3:300 BW, which may include the situation in which you have agreed with your brothers and sisters that you will cooperate in the transfer of the home. In that case, the judge may determine that the judgment replaces your cooperation in the delivery of the home. 4. 'Foreclosure sale by private contract' pursuant to article 3:268 paragraph 2 BW. In consultation with the bank, the house can then be sold publicly together with the bank. You will then be passed over and you cannot stop the sale.