My mom passed away a year ago and left the house to my sister and me in equal shares. Now I need money urgently because I got fired from my job and I want to sell, but she refuses because she wants to keep it. Do I have the right to sell it without her consent or do we both need to agree?
You can't sell without her consent because you both own 50% each, but here's what the others didn't explain well: you don't need a partition lawsuit if what you want is your share of the money. You can request a "licitud de división" where basically you tell the judge "I want my half in cash," and then the property gets sold automatically, your sister gets her half and you get yours. It's different from her blocking a regular sale because here it's not an agreement, it's your right. Anyway, before going to court try to negotiate: maybe she'll buy your share, or you two find someone interested in investing in the property with both of you as partners. A lawyer specializing in inheritance law will be able to guide you better on which option is fastest according to your country's laws.
Both of you need to agree to sell because you're each 50% owners of the property, so your sister can block the sale. What you can do is request a partition of the inheritance before a judge, which basically means the court orders the house to be divided or sold and the money split between you, but that requires a legal process that takes time and costs money. There's also the option of her buying out your share (she keeps her half and buys yours), or you two reaching an agreement where she gives you money upfront in exchange for your rights to the property, but you'll have to work that out between yourselves.
What many people don't mention is that you can request a forced sale through a lawsuit for "partition of jointly held property," where a judge can order the sale if the heirs can't agree, though obviously this takes time and has legal costs. Another faster option is to offer your sister the chance to buy your share (you sell her your 50%) instead of selling the whole house, so she keeps the property and you get money without needing her consent for the full sale. If neither of you has the financial resources, some courts also allow one of the heirs to rent out the property while it's being resolved, to generate income. Either way, it's worth consulting with a lawyer about any legal move because the rules vary depending on where you live.
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