Division of Inherited Property Between Siblings – How Shares Are Determined and What Happens When a Share Is Sold

One of the most common questions after an inheritance is opened is: “How will we divide the property among the heirs?” This is especially relevant when the heirs are brothers and sisters. In such cases, two main questions arise:

• How are the shares of each heir determined?

• What happens if someone wants to sell their share?

This article will examine the legal framework and provide clear explanations with references to the Inheritance Act (ЗН) and the Ownership Act (ЗС).

How Shares Are Determined When Inheriting Between Siblings

According to Articles 5 and 9 of the Inheritance Act:

• The children of the deceased (including siblings among themselves) inherit in equal parts.

• If one of the heirs has died before the inheritance is opened, their children (the grandchildren of the deceased) inherit in their place by right of substitution (Article 10 of the Inheritance Act).

Example: If a parent dies and leaves two heirs – a son and a daughter – each will receive ½ ideal part of the property. If the son has died and left two children, his ½ will be divided between them – ¼ each.

Important: The share is determined by law, not by verbal agreements. The division can be settled voluntarily (by a written agreement with notarized signatures) or by court proceedings (by filing a claim for partition under Articles 341–348 of the Civil Procedure Code).

What Happens If Someone Wants to Sell Their Share

A co-owner (heir) who does not want to keep their part has the right to sell their share. This is regulated in Article 33 of the Ownership Act:

• If an heir wants to sell their ideal part to a third party (someone outside the heirs), they must first offer it to the other co-owners under the same conditions.

• If the co-owners (the brothers/sisters) refuse to buy or do not respond, the heir may sell to an outside buyer.

• If the sale is made without complying with this rule, the other heirs have the right to redeem the sold share through the court within two months from the sale.

Example: If a sister decides to sell her share to an unknown buyer, she must first offer her share to her brothers and sisters. If they refuse, the deal with the outsider is valid.

Voluntary and Judicial Partition

• Voluntary partition – all heirs reach an agreement and sign a partition contract with notarized signatures (Article 34 of the Ownership Act).

• Judicial partition – if there is no agreement, any heir can file a claim for partition in court. The court determines the shares and the method of division.

Conclusion

When dividing inherited property between brothers and sisters, the shares are always determined in equal parts unless there is substitution by the children of a deceased heir. Each co-owner can dispose of their share, but must respect the pre-emptive right of the other heirs.

If you are interested in what happens when the inherited property is encumbered with a mortgage or right of use, read the next article: What to Do If the Property Is Encumbered with a Mortgage or Right of Use?