How is a house inheritance divided?


Questioner

After both our parents passed away, my brother and I have an inheritance to divide consisting of savings, a mortgage and a house. My brother wants the house and will therefore have to buy me out. He wanted to give me half of the WOZ value, but I don't think that's a fair price. I then had the house appraised and suggested that he buy me out for the appraised value. That's too much for my brother. He then had a valuation done by 2 real estate agents. I then suggested taking the average of the 3 values. He also thinks that's too much. He wants the house. I want the inheritance to be divided fairly because we are each entitled to half. How do we get out of this?

Lawyer

You have not reached an agreement, that is clear. In the preliminary phase, three valuations and the WOZ value play a role. The latter value is not important because it concerns the economic value. Your proposal to average the three valuations seems realistic to me. If your brother does not want that, you need someone to cut the knot. That is the judge. Your dispute is not complicated at all and the procedure to request a judicial decision is not either. Article 185 of Book 3 of the Civil Code stipulates that the judge determines the method of division or determines the division himself. He does so at the request of the person who has the greatest interest in it. That is you because you want to reach a division. The judge takes into account the interests of both parties in fairness. You need a lawyer, and so does your brother. I want to assist you with all help with pleasure.

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