Co-heirs in Greece: undivided property and how to split it

Short answer

Where there are several heirs, the estate becomes their common property in proportion to each heir's share, and the general rules on co-ownership apply. Each co-heir may sell his own share, and may at any time demand partition; the testator cannot forbid it. For deaths from 16 September 2026, however, a co-heir who has not declared at the court registry that he will freely administer the estate needs court permission, before any court-ordered liquidation, to dispose of estate assets, including his share in a particular property. Under the rules in force from 16 September 2026, which also govern later partitions of earlier estates where no partition lawsuit had been filed, a court may award an asset that cannot sensibly be divided to one co-heir against payment of the others' market value.

Undivided ownership

Each heir owns an ideal share of the estate and of each asset, not a physical part of it. Claims and debts of the estate are divided automatically among the co-heirs in proportion to their shares. Every co-heir may dispose of his own share in the estate as a whole or in any single asset; a buyer who wants the whole property therefore needs every co-owner to sell. For deaths from 16 September 2026, a co-heir who has not declared at the court registry that he will administer and dispose of the estate freely may not, before a court order for liquidation of the estate, dispose of estate assets, including his share in a particular property, without court permission; a disposal in breach makes him liable with personal assets as well, and is void in favour of estate creditors to the extent it frustrates their claims.

Agreeing a partition

Co-heirs can divide the estate by contract, wholly or in part; for real estate the agreement must be transcribed or registered, like other real-estate transactions. A partition contract also counts as acceptance of the inheritance by those who sign it. The deceased may have set out in his will how the partition should be made, or left it to the fair judgment of a third person.

Partition by the court

If the co-heirs cannot agree, any one of them may ask the court for partition at any time, and each is entitled to his share in kind. Under the current Civil Code text:

Where dividing a particular asset in kind is impossible or uneconomic, the court may, on the application of a co-heir, award the other co-heirs' shares to him against payment of a sum equal to their market value. If more than one co-heir asks for the same asset, the court considers, among other things, who can make better use of it.
The home that served as the main residence of the deceased and the surviving spouse may be awarded to the spouse alone, who pays the difference if its value exceeds the spouse's share. A similar rule can apply in favour of another heir who lived there, where there is no spouse.
These partition rules apply after 16 September 2026 even if the death occurred earlier, provided no partition action had been filed by then.

Practical points for heirs abroad

Disputes among co-heirs often arise over who uses a house and who pays its costs. A written agreement on use, expenses and a timetable for sale or division, signed early, reduces conflict. Where one heir lives abroad, a power of attorney to a trusted person or lawyer keeps the process moving.

Questions clients ask

Can my sister sell her share to a stranger?

In principle yes: each co-heir may dispose of his share, and the buyer then becomes a co-owner. For deaths from 16 September 2026, however, unless she has declared at the court registry that she will freely administer the estate, she needs court permission to sell, and a sale without it makes her liable for estate debts with her personal assets. Agreements among the family can address this in advance.

Does a partition contract count as accepting the inheritance?

Yes. A contract among co-heirs dividing the estate, in whole or in part, also counts as acceptance by those who sign it.

Sources

This page is general information, not legal advice; the answer in any real case depends on its facts and dates.

L+A advises families, business owners and heirs living abroad on inheritance and succession in Greece.

Send us your question

Tell us about your case. A lawyer of the firm will reply by email.

Your message goes only to the lawyers of the firm and is used only to reply to you.

We are several heirs of the same Greek property. How do we divide or sell it?