Partition auction
Distribution of the inheritance
According to § 753 Para. 1 BGB, the dissolution of the community, according to § 731 i. V.m. § Section 753 BGB, the provisions of the sale of pledges apply to the dissolution of the community, the dissolution of the community of property (Section 1477 para. 1 BGB), the dissolution of the continued community of property (Section 1498 BGB) and the dissolution of the co-heirs (Section 2042 para. 2 BGB).
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.
Dissolution of the community of heirs
Each heir can demand the dissolution of the community of heirs at any time (§ 2042 BGB), unless the dissolution 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.
