It happens all the time: during probate, one of the heirs keeps living in the family home or uses it exclusively, while the others receive nothing in return. That use gives them a financial benefit.
That is why the heir occupying the property must pay the other heirs occupation rent (canon locativo): financial compensation for exclusive use, as if it were rent. Argentine case law accepts this claim between co-heirs.
The aim is to ensure equality among the heirs and prevent one of them from benefiting alone from an asset that belongs to all. Our team reviews your case and brings the claim, while taking care, as far as possible, of family relationships.
Who can claim it, and when?
- Who: all the heirs who do not use the property.
- From when: from the time the heir begins occupying the property exclusively, and for as long as the probate proceedings last.
Important: the formal demand
In practice, the claim usually runs from the formal, provable demand sent to the heir occupying the property, either by carta documento (a formal registered letter with legal effect) or through mandatory pre-trial mediation. That is why it is best not to delay it.
How we support you
Assessment
We review the probate case, the property and who is occupying it.
Formal demand
We send the *carta documento* or start mediation.
Negotiation
We seek an agreement on the amount and how it will be paid.
Court claim
If no agreement is reached, we claim the occupation rent in court.
Useful documents
- Details of the probate case file, if it has already been opened.
- Title deed or title report for the property.
- Proof that the heir occupies it exclusively.
- Communications between the heirs.
Don’t worry if you don’t have everything: we will go through it together at the consultation.
Frequently asked questions
What is occupation rent (canon locativo)?
It is financial compensation, similar to rent, that an heir who has exclusive use of an estate property must pay to the other heirs.
From when can it be claimed?
It usually runs from the formal, provable demand sent to the heir occupying the property, by carta documento or through pre-trial mediation. That is why it is best to send the demand as soon as possible.
How is the amount calculated?
In general, the property's rental value is used as a reference, in proportion to each heir's share. We look at it in your specific case.
Do I have to fall out with my family to claim it?
Not necessarily. An agreement is often reached at mediation. Our aim is for your rights to be respected while protecting family relationships as far as possible.
Related topics
General information only. It is not a substitute for advice on your specific case.