When Children Become 'Occupiers': Inheritance, Care and Mallorca's Housing Shortage

When caregiving becomes a ticket to stay

Morning in Palma, on the corner of Carrer de Sant Miquel: neighbour María waters the plants and listens to voices coming from an apartment inside. 'The daughter has been there for months now. She looks after the mother — and won't pack when the woman dies,' she says in a tired tone. Many of the stories we have heard in recent weeks sound like this.

The method is simple

At first, it is caring help: shopping, doctor visits, hours of sitting at the bedside. Then, sometimes even before the will is settled, it becomes clear: the person who provided the care wants to stay. Not just for a few weeks, but permanently. Suddenly the rest of the family stands before a locked door.

Legally, it's complicated. A lawyer from Palma who has handled several cases says the number of such incidents has risen sharply in recent years — a consequence of high property prices and the difficulty of finding one’s own home. Many affected people feel blackmailed. 'You hear lines like: "You didn't do enough, so you have no right to live here,"' he summarizes.

What's behind the tactic?

Some simply want to secure the property. Others move in shortly before death, sometimes registering as residents temporarily, taking over bills — or even renting out rooms to generate income. All of this makes the matter both emotional and legally tangled.

In principle, co-heirs have rights, but rights of use, customary law and special situations (such as minor children or the need for care) often delay solutions. If an occupant has borne costs for decades, that can have consequences under certain circumstances.

The legal route is possible — but unpopular

Many siblings and co-heirs shy away from an eviction lawsuit. That's understandable. Lawsuits cost money and time and create family rifts. In practice this often suggests first trying to negotiate or reach an agreement — if that's at all possible.

In particularly sensitive cases, protection for the vulnerable comes into play: minors or people with disabilities. Authorities and courts then proceed slowly — and the apartment may remain occupied for years.

What can those affected do?

Thinking pragmatically helps: collect documents (rental contracts, bank transfers, witness statements), seek legal advice early, and ideally make arrangements in advance — a simple conversation, a written agreement, or a testamentary provision. Not glamorous, but effective.

Some neighbours suggest involving the municipality or local social services. Mediation can be less hurtful than immediately going to court. In Palma there are lawyers who specialise in inheritance law; waiting times, however, are long.

A problem that remains

The combination of rising prices, scarce housing and family pressures creates new forms of conflict. Whether you want to call them family squatters or desperate people seeking one last chance — one thing is clear: without clearer regulations and more affordable housing, such cases will become more frequent.

In the end there remains a piece of advice you often hear at the bar, in the supermarket or at the market: talk to each other, put things in writing — before it's too late. It sounds banal. But it isn't.