inheritance
1. Establish legal ownership
Are you considering selling a house or land inherited in Morocco? Hadi Dari can provide the right guidance and save you a lot of time and effort. We can handle all the steps mentioned below for you. With Hadi Dari, you can also be sure of receiving a fair price for the property you wish to sell. Selling an inherited house or land in Morocco involves specific legal and administrative steps. Here’s an overview of what you need to do:
- Certificate of inheritance: Have a notary or court confirm that you and any co-heirs are the rightful heirs.
- Inheritance registration: Register the property under the heirs’ names at the Land Registry Office (Agence Nationale de la Conservation Foncière) or local authorities.
- Property titles: Ensure you have all property ownership documents, such as the Melkiya (traditional ownership deed) or a registered title deed (titres fonciers).
2. Pay inheritance tax (Droits de succession)
- Inheritance tax must be paid before the property can be sold. The amount depends on the value of the property and your relationship to the deceased.
- Obtain a tax clearance certificate from the tax authorities to prove that the inheritance tax has been settled.
3. Reach agreement with co-heirs
- If there are multiple heirs, all must agree to the sale. This agreement must be documented in writing.
- If there is a dispute, a mediator or lawyer can be involved. As a last resort, a court ruling may be necessary.
4. Prepare the property for sale
- Check for debts: Ensure there are no outstanding taxes, mortgages, or other liabilities on the property.
- Renovations or cleaning: Consider minor improvements or cleaning to increase the property’s market value if needed.
5. Start the sale process
- Hire a real estate agent: Work with a licensed agent in Morocco to simplify the process and access the right network of potential buyers.
- Determine the selling price: Get a professional appraisal to assess the market value of the property.
- Advertise the property: Use local and online platforms, social media, and real estate websites to promote the property.
6. Complete notarial procedures
- Preliminary contract: Once a buyer is found, a preliminary sales agreement (promesse de vente) is drafted.
- Final sale: A notary ensures all documents are in order, transfers the property to the buyer, and releases the sales proceeds to you.
- Taxes on the sale:
- Capital gains tax (Taxe sur la Plus-Value): This is a tax on the profit from the sale. The rate depends on the purchase price and the selling price.
- Transfer costs: These are typically paid by the buyer, but it’s good to confirm this in advance.
7. Seek legal and financial support
- Hire a local lawyer or legal advisor to ensure the process goes smoothly and all obligations are met.
- A tax advisor can help calculate and settle any taxes, such as inheritance tax and capital gains tax.
Key documents needed
- Property title (Melkiya or titre foncier)
- Certificate of inheritance
- Inheritance tax clearance
- IDs of the heirs
- Any documents related to renovations or investments