The Provincial Court of Madrid has rejected the appeal of a woman who, after the death of her mother, claimed to be the sole owner of the inherited housingdespite the fact that her sister was also an heiress. He claimed to have acquired it from his mother during his lifetime, however, he could not provide proof of a sale or donation, so the court considers that the house forms part of the inheritance and has to be distributed 50% between both sisters because his mother did not make a will.
According to the ruling of March 2025, both the mother and the two daughters lived in the house, but after the death of the woman in 2019, one of the daughters claimed full ownership of the house, alleging that before she died, the mother had transferred ownership of the home to her and that for years she had contributed to the payments, expenses and renovations of the home, but she did not present a public deed, contracts, or any document proving that the transfer had taken place.
The Court of First Instance No. 87 of Madrid considered that no valid transmission had been proven. He recalled that, in accordance with article 633 of the Civil Code, the donation of real estate requires a public deed, and the sale must also be documented. He resolved that the house should be part of the hereditary estate, and that it should be awarded in halves to both daughters, in accordance with the rules of the intestate succession.
You do not have documentation proving that the mother sold or donated the home to you.
The Provincial Court of Madrid fully confirmed the first instance ruling, reiterating that the sister who claimed the home could not prove that there had been a donation or a sales contract, and, therefore, the home cannot be exclusively awarded.
Based on article 609 of the Civil Code, he recalled that the acquisition of property requires title and method, and that in this case the first is completely missing. He also insisted that family coexistence or financial aid do not replace a deed nor do they generate property rights.
For all these reasons, the home remained the property of the deceased mother and was part of the inheritance and, since there was no will, it had to be distributed in halves between the daughters, in accordance with article 930 et seq. of the Civil Code.