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community of heirs

Dear Sir or Madam,

I have a question regarding inheritance community and renovation of the inherited house.
We are an inheritance community that has inherited a 90-year-old single-family house in three parts.
Since the house is in need of renovation, it was decided to install a heating system, the costs of which all 3 parties would bear, so that the house does not deteriorate further. Additionally, a bathroom was to be installed so that the house could be used occasionally by one of the heirs as a holiday home.
Later, it should be considered more carefully who might sell their share to the others, so that it could possibly be completely renovated.
One of the heirs (D) took matters into their own hands and arranged for a craftsman, and the cost estimate was accepted by all 3 parties.
The renovation began and the craftsman encountered further defects such as mold and inadequate electrical wiring.
However, as disagreements arose between the 3 parties, D agreed with A to have these defects repaired as well, without informing me (B) because I would have been against it.

Now the renovation costs 20,000€ more and I am expected to pay a third of it, because it was "necessary for the preservation of the house".
When I refused to pay, the response was that they had spoken to a lawyer, who said that in such a case the majority of the heirs could decide and override the minority (me) and force them to pay, because the repairs were necessary for the preservation of the house.

Is that really the case? Doesn't each heir of a share have the right to veto? And shouldn't everyone agree to decide on such a high expense?

I would be very grateful for a response!

Bernhard Müller

Dear questioner,

According to § 2038 paragraph 1 of the German Civil Code (BGB), each co-heir can take necessary measures for maintenance without the involvement of the other heirs.

According to § 2038 paragraph 2 BGB, § 745 BGB applies to the community of heirs. Under § 745 BGB, majority decisions are possible, where 2 heirs can outvote the 3rd.

Kind regards,

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Experte für Inheritance law

Bernhard Müller

Bernhard Müller

Berlin

Bernhard Müller ist seit April 2004 als Einzelanwalt tätig. Wer Streit mit seinem Vermieter hat, etwas erbt, vererben will, sich scheiden lassen will, wer Ärger mit der Polizei oder sonst ein rechtliches Problem hat, findet bei Rechtsanwalt Bernhard Müller kompetente Beratung. Im Jahr 2009 hat er 2 mal hintereinander den Jusline Kommentierwettbewerb gewonnen.

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