What is partition inheritance judgment: the ultimate guide to unlocking properties

The death of a father or mother is a painful process that, most of the time, brings with it the challenge of managing the assets they leave behind. Initially, there is always the illusion that everything will be resolved peacefully, that the family will talk amicably and make a joint decision about what to do with the house. However, this expectation is usually broken abruptly when the heirs cannot agree: one wants to sell, another wants to rent, and a third decides to simply stay and live there without paying anything to anyone.

When dialogue fails miserably and the "hereditary community" becomes a true hell, Chilean law does not leave your hands tied. To prevent a single heir from hijacking the family assets, there is a definitive, forceful and inalienable judicial solution: The Property Partition Trial.

What exactly is the partition trial?

In citizen language, the partition trial is a special judicial procedure whose sole objective is to liquidate (put an end to) the community of property that exists between the heirs, forcing the distribution of the assets according to the legal quota that corresponds to each one, even if there are family members who are strongly opposed to it.

The central and most important figure in this process is the Referee (or matcher). Unlike a regular trial that takes place in a state court, here a civil court appoints an outside, impartial attorney to act as a "private judge." Your mission is exclusive: resolve conflicts between you, appraise the properties and, if you definitely do not reach an agreement to divide the assets, order the forced sale (auction) to distribute the resulting money.

The key stages: from demand to auction

Although it is a technical process, the trial progresses through very specific stages:

• The Initial Demand: Any heir, even if he owns a tiny 1% of the inheritance, has the absolute power to ask a civil court to appoint an arbitrator judge. Majorities or the permission of others are not needed.
• The Comparendos: Once the arbitrator has been appointed, he or she will summon all the heirs to a series of mandatory meetings (comparendos). Here, the judge will try to reach civilized agreements, either to sell the house at a market price or for a brother to buy out the others (adjudication).
• The Public Auction: If the meetings fail, no one gives in and the house, by its nature, does not allow for an equitable physical division (you cannot cut a house into four pieces), the judge will make the final decision: he will order that the property be sold at public auction (auction) to the highest bidder. Whoever offers the most gets it, and the money collected is distributed among the heirs.

The honest warning: the costs and why it should be your last option

As trial lawyers we are totally honest with our clients: getting to the end of a partition trial (the final blow of the auction) is the "nuclear button" of inheritances. It has two major disadvantages that will reduce your assets:

• The Referee Judge's Fee: This private judge does not work for free. The law establishes that it charges a percentage of the total estate, which generally ranges between 8% and 15% of the value of the assets. It is a very high cost that all brothers end up assuming.
• Loss of value at auction: Properties that reach judicial auction are never sold at the ideal commercial value. They tend to be auctioned off at considerably lower prices, so you will receive less money than you would have gotten by selling it with a traditional real estate brokerage.

Our Strategy: Precisely because of these costs, the strategy of a good lawyer is not to blindly take you to the auction. The smartest tactic is to file the partition suit as a tool of maximum legal pressure. When the rebellious heirs receive the notification and realize that the house is going to be auctioned anyway and that they are going to lose millions in the process, they find themselves cornered. This forces them to sit down and negotiate a voluntary sale at market price, avoiding the auction and maximizing everyone's profits.

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What happens if the brother who lives in the house does not attend the judge's summons?

Absolutely nothing in its favor. Justice does not stop because someone decides to ignore it. The trial will advance equally in his "rebellion." The auction will take place with or without his presence, and even if the house is auctioned and he does not want to leave, the judge will order his immediate eviction using public force (Carabineros).

How long does a partition trial take?

By law, the Referee has a maximum period of 2 years to resolve and complete the process. However, this time can be extended if there are too many estates or complex complications, or drastically shortened if the heirs reach compromise agreements under the pressure of the trial.

Who pays the fees of the lawyers and the judge?

Both the referee's fees and the common expenses of the trial (appraisers, publications, etc.) are paid with the same money that results from the sale or auction of the house. They are deducted from the "hereditary estate" before distributing the profits, so it is not necessary for you to pay large sums out of your pocket to start or support the judge's costs.

Take control of your inheritance with experts

The partition trial is extremely effective and highly destructive for those who stubbornly oppose it, but due to its high costs and loss of patrimonial value, it requires impeccable and strategic legal conduct so as not to also harm those who initiate it.

At Terreno en Regla, we have a team of civil lawyers experts in hereditary litigation and advanced negotiation. We analyze your particular case, we file the lawsuit with the strategic objective of corralling and putting pressure on the conflicting heirs, and we seek to force the closure that is faster, smarter and more profitable for your pocket. We protect your assets at every stage, preventing family wear and tear from destroying the value of your inheritance. Don't let others decide for your future; Contact us today to definitively unlock your property.

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