Inheriting a property together with a sibling often sounds simple—but it can quickly become complicated if one co-heir refuses to contribute. In co-ownership, you don’t just share the asset, you also share responsibilities. When one person doesn’t pay, the burden often shifts to the one who does.
Here’s how the law handles these situations and how you can protect yourself.
Who pays the debts left by the deceased?
The first thing to clarify is when the debt arose.
Debts that already existed before death (bank loans, unpaid bills, etc.) are called hereditary debts, along with expenses directly linked to death (like funeral costs or inheritance taxes).
In these cases, the rule is straightforward:
Each heir pays only their share, proportional to what they inherit (art. 752 c.c.).
There is no automatic solidarity between siblings here. A creditor cannot force you to pay your brother’s portion.
However, in practice, one heir often pays everything to avoid problems (like enforcement actions). When that happens, the law gives you protection: you gain a right of recourse (art. 754 c.c.), meaning you can claim back your brother’s share.
Example:
If a €10,000 debt is split 50/50, you only owe €5,000. If you pay all €10,000, you can legally recover €5,000 from your brother.
What about expenses after the inheritance (condominium, repairs)?
This is where things change significantly.
Expenses that arise after the death—like condominium fees, repairs, or maintenance—are linked to co-ownership, not inheritance.
Here, the rule is stricter:
joint liability applies
This means the creditor (e.g. the condominium administrator) can request the full amount from any one of you, usually the one who is easiest to reach or most financially reliable.
If your brother doesn’t pay, you may be forced to cover everything to avoid legal action—then recover his share later.
The same principle applies to urgent repairs. If you intervene to preserve the property (for example, fixing a boiler or structural damage), you are entitled to reimbursement from the other co-heirs.
How can you recover the money you paid?
If you cover your brother’s share, you automatically become his creditor.
You don’t have to wait for the property to be sold—you can act immediately. First, a formal request for payment can be sent. If that fails, you can take legal action to obtain an enforceable judgment and, if necessary, proceed with enforcement (such as seizing assets).
The key element is proof. Always keep receipts, bank transfers, and clearly indicate the reason for payment (for example, condominium expenses for inherited property). This will make it much easier to prove your claim.
What happens during the division of the inheritance? The division phase is often the most effective moment to settle accounts.
At this stage, all financial relationships between co-heirs are balanced. If your brother owes you money, that amount can be deducted from his share or compensated in your favor.
In practical terms, if he owes you money, he will receive less, and you will receive more.
Example:
If the property is sold for €100,000 and your brother owes you €10,000, you might receive €60,000 while he receives €40,000.
This avoids the risk that he collects his share and then fails to repay you.
What if your brother lives in the house and excludes you?
If one co-heir uses the property exclusively and prevents the others from using it, the law provides protection.
In this situation, the occupying co-heir must compensate the others. This compensation is generally calculated based on the rental value of the property—essentially a form of “virtual rent.”
The right to this payment arises from the moment exclusive use begins and can also be taken into account during the division of the inheritance.
How to protect your personal assets from risks
If you suspect debts or foresee difficulties with other heirs, there is an important safeguard:
acceptance with benefit of inventory
This mechanism separates your personal assets from the inherited estate.
In practical terms, you are liable for debts only up to the value of what you inherit. Creditors cannot pursue your personal assets, such as your salary, savings, or personal property.
It is a strategic choice when the financial situation is unclear or when cooperation between heirs is uncertain.
VGS Family Lawyers is a law firm that offers assistance to English-speaking clients with interests in Italy. In case you need assistance, please write to: info@vgslawyers.com