Settlement of community of heirs – If a deceased person leaves several heirs and the division of the estate among the heirs is not consensual, the division is determined by law. Since the estate is a joint property, the co-heirs can only dispose of the inheritance jointly. If this joint disposition does not work, each co-heir can demand the division of the community of heirs at any time and pursue it independently. In this case, the individual co-heir can dispose of his or her share in the estate as a whole, but not of his or her share in individual assets.
Dispute community of heirs at a glance: Disagreement between the co-heirs
- If several heirs are left it is a community of heirs
- Comes into force when the division of the estate is not consensual
- Individual co-heir can dispose of his share only as a whole
- Individual co-heir cannot dispose of his share of individual assets
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