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Legal
pol | Sept. 3, 2026, 10:53 a.m.
In the real estate sector, it is very common to find homes that belong to several owners (due to inheritance, divorce or shared partnerships). But what happens when one of the parties neglects their obligations —does not pay the community, IBI or maintenance— and also creates obstacles to getting a return on it?
At ImmoGirona we often analyze these situations. Here we explain how the law works, how the distribution of majorities works and what solutions exist in the event of a blockage.
1. The majority rule for leasing (More than 50%)
According to the Civil Code of Catalonia, the ordinary rental of a property is considered an act of ordinary administration .
Unanimity is not required: To sign a rental contract, the signature of all co-owners is not required. The agreement of the majority of the property shares (more than 50%) is sufficient.
The contract is 100% valid: If a co-owner signs the lease representing the majority or the management of the community, the tenant has a fully legal contract and is protected against any interference from the opposing party.
2. The casuistry of the 50% / 50% blocking
When the property is divided exactly in half and one of the two co-owners flatly refuses to rent or pay the expenses, the simple majority rule cannot be applied. However, the law offers options to avoid paralysis:
Abuse of rights and action for the common interest: None of the co-owners can use their rights to harm the community or allow the property to be lost. If one of the owners refuses to rent and at the same time does not pay the expenses, it generates debts and surcharges. In emergency situations, the other co-owner can take over the management to avoid serious and irreparable damage (such as seizures by the community or the Treasury).
Debt claim and compensation: The co-owner who pays 100% of the expenses generates a right of credit against the defaulting co-owner . The income obtained from the rental can ultimately be used to cover the accumulated debts of the home.
Dissolution of the condominium or division action: If the blockage persists, the law dictates that no one is obliged to remain in the community. Either of the two owners can request the dissolution of the condominium (through a share purchase agreement or through the division action of the common property), a process that ends with the sale of the property —often at public auction— and the distribution of the net price, deducting the debts of the defaulting party.
3. The protection of the tenant against coercion
One of the most frequent doubts is whether the opposing co-owner can disturb or evict the tenant.
The answer is a resounding 'no'. Once the tenant has possession of the home and a contract in force, no third party —even a co-owner— can disturb their use and enjoyment of the property. Any attempt at intimidation or interference by the disgruntled co-owner may constitute a crime of coercion or disturbance of possession.
💡 ImmoGirona's advice and solution
Managing a co-ownership with conflicts or debts should not result in having a closed property generating expenses.
At ImmoGirona we take care of the global and neutral management of the lease . Through a specific client account for the management of the property:
We collect the rent directly from the tenant.
We pay and cover the expenses of the property (community, IBI, insurance, repairs).
We settle the remaining net balance to each of the co-owners in the exact proportion that corresponds to them.
In this way, management remains completely sterile, neutral and transparent for both parties , eliminating direct friction between co-owners and guaranteeing that the home does not accumulate debts or penalties.
If you find yourself in a similar situation in Girona or the region, we help you protect, make money or manage the dissolution of your property as a condominium .
📩 Contact us at info@immogirona.com or visit our website for more information.