partition auction
August 9, 2009 | 45,00 EUR | answered by - removed - - removed -
The inheritance community is registered in the land register. Agreement is not reached. Now a partition auction is to be requested to dissolve the community. Question: Is it absolutely necessary before this to file a "lawsuit for consent to the division of the inheritance according to the partition plan"?
Dear enquirer,
Thank you for your inquiry on this internet platform.
I would like to point out in advance that my response is based solely on the facts you have described, taking into account your efforts, and cannot replace personal advice or representation. Therefore, the following information can only provide an initial legal impression in your matter.
The disposal of the property constitutes a disposal of an estate asset. Therefore, in principle, each individual co-heir must also agree to this disposal, § 2040 para. 1 BGB. If a co-heir refuses to agree, it is indeed necessary to file a lawsuit for approval of the partition plan.
However, there is still the option to request a mediation procedure at the competent probate court according to § 86 et seq. FGG. Prerequisites include, among others, the issuance of a certificate of inheritance, no further settlement procedure pending, and a proper application made according to § 87 FGG. In particular, no executor of a will must be present and no estate administration must have been ordered.
The mediation procedure also requires that an agreement can be reached between the co-heirs in this process. If this is not the case, this procedure will be suspended according to § 95 FGG until the dispute is resolved.
I hope that this information has been helpful to you.
Yours sincerely,
Boris Linke, Attorney at Law
