§ Sec­tion 2042 BGB Sett­le­ment

(1) Every heir may demand sett­le­ment at any time, unless other­wi­se pro­vi­ded for in sec­tions 2043 to 2045.
(2) The pro­vi­si­ons of sec­tion 749 (2), (3) and sec­tions 750 to 758 shall app­ly.

Each heir can the­r­e­fo­re demand the sett­le­ment of the com­mu­ni­ty of heirs at any time (Sec­tion 2042 BGB), unless the sett­le­ment is excluded in the will or the­re are reasons for post­po­ne­ment. If the heirs fail to reach an agree­ment on the sett­le­ment, the com­mu­ni­ty is dis­sol­ved by sel­ling the joint pro­per­ty in accordance with the pro­vi­si­ons on the sale of pled­ges, in the case of real estate by forced sale (ZVG) and by divi­ding the pro­ceeds (§ 180 ff ZVG). The items are sold in a public auc­tion by a gene­ral­ly publicly appoin­ted, sworn auc­tion­eer. The sale of the items is due at any time, as each par­ti­ci­pant can demand the dis­so­lu­ti­on of the com­mu­ni­ty at any time. All mem­bers of the com­mu­ni­ty must be noti­fied of the inten­ti­on to dis­sol­ve, i.e. to liqui­da­te, with a sales peri­od of one month. The sale may only take place after the dead­line has expi­red if a public announce­ment has been made and the par­ties to the pro­cee­dings have been noti­fied.

If an ami­ca­ble agree­ment on the divi­si­on of the pro­ceeds can­not be rea­ched, the pro­ceeds must be depo­si­ted with the depo­si­to­ry of the com­pe­tent local court in favor of the heirs.