How to Sell an Inherited Property in Morocco?

To sell an inherited property, you must first establish the inheritance deed, identify the heirs, obtain the property certificate, resolve any disputes, and then list the property for sale. Taxes include capital gains tax, unless specific exemptions apply. The guidance of a notary is essential.

What are the steps to sell an inherited property in Morocco?

Selling an inherited property requires the inheritance deed, identification of heirs, updating the property title, settling inheritance taxes, and signing the sale at the notary's office. In cases of co-ownership, all heirs must consent or appoint a legal representative.

Which documents are mandatory for selling an inherited property?

Essential documents include: inheritance deed, IDs of heirs, property certificate, cadastral plan, tax certificate, and certificate of non-opposition. The notary may request additional documents depending on the property's situation or co-ownership.

How to handle co-ownership when selling an inherited property?

In co-ownership, all heirs must sign the sale deed or provide a power of attorney. In case of disagreement, Moroccan law allows judicial termination of co-ownership. The judge may order an auction sale if co-heirs cannot reach an agreement.

What taxes apply to selling an inherited property in Morocco?

The sale of an inherited property is subject to capital gains tax, unless the property has been the primary residence of an heir for at least 6 years. Notary fees, registration fees, and local taxes are added to the total transaction cost.

How to calculate capital gains tax on an inherited property?

Capital gains are the difference between the sale price and the value declared in the inheritance deed, minus allowable expenses (repairs, notary, taxes). The tax rate is applied to this net gain. Exemptions may apply depending on property use and holding period.

Can you sell an inherited property without all heirs' consent?

No, except through legal procedures. Moroccan law requires unanimous consent of heirs to sell a co-owned property. In case of deadlock, an heir can petition the court to terminate co-ownership, potentially resulting in a forced sale or auction.

How to sell an inherited property from abroad?

An heir living abroad can sell an inherited property using a notarized power of attorney at the Moroccan consulate. The notary then handles the transaction remotely. Fund transfers are regulated by the Moroccan Foreign Exchange Office, with simplified procedures since 2025.

Complete process for selling an inherited property

1. Establish the inheritance deed (Notarial or Adoul)

Identify heirs
Distribute shares according to the Moudawana
Register with competent authorities

2. Update the property title

3. Settle inheritance taxes

Pay taxes based on property value
Exemptions possible for direct heirs

4. Manage co-ownership

Unanimous consent or power of attorney
Judicial termination of co-ownership if needed

5. Prepare the sale

Property valuation
Technical inspection (mandatory since 2024 for certain properties)
List the property via agency or real estate platform

6. Sign at the notary

Document verification
Payment of taxes
Transfer of ownership

What are women's inheritance rights in Moroccan real estate?

According to the Moudawana, women inherit according to specific rules based on family relations. They can sell their share freely, except in cases of co-ownership where co-heirs' consent is required. Disputes over rights remain frequent, highlighting the importance of legal guidance.

FAQ

1. How long does it take to sell an inherited property in Morocco?

On average 1 to 3 months, depending on document availability and heirs' agreement.

2. Do heirs have to pay inheritance tax?

Direct heirs are usually exempt, but administrative fees remain mandatory.

3. Can you sell an inherited property occupied by an heir?

Yes, but the occupant must consent to the sale or be compensated according to co-ownership rules.

4. Is a notary required to sell an inherited property?

Yes, a notary is mandatory for any real estate transaction.

5. How to avoid conflicts between heirs?

Notarial or family mediation is recommended before initiating legal proceedings.