Inheritance Partition - General. Kinds. Action.

 

 

When the heir has left only one heir, the whole heritage passes to his advantage. But when there are several heirs, a property community is created between them, and they can not end this community through a division of inheritance.

The Delta terminates the community and turns the ideal parts of the heirs into real property for each of them. A parole may be required by any co-heir, even if there is a disgrace to the deceased or a contradiction between the heirs. A division is inadmissible only if the law orders otherwise and if it is incompatible with the purpose of the property. The heir may request a partition to accept the inheritance. The right to request a partition is not limited by time limits. All co-inheritors must be involved in the partition, otherwise it will be invalid. They can not ask for a share of co-inheritors, to whom are specifically bequeathed certain properties and co-inheritors acquired property by statute of limitation.

Species - complete - partial (part of the inheritance community);

simple-extra; voluntary-court.

If one of the co-heirs agrees, an aggregate share equal to the sum of their personal shares may be set for them - inheritance by right of substitution (heirs of the 1st knee).

Jurisdiction - when the survivors fail to reach an agreement on the distribution of the legacy, the division is carried out by the court. District Court of Inheritance Site.

Production - 2 phases:

Phase I - all actions from the filing of the application, bringing the action until the decision is handed down, the heir who seeks the partition must submit in a written application. He must establish that the deceased deceased that the persons designated as parties are his only heirs, and that the estate is left by the deceased - with a certificate from the municipality or other written evidence. At the first hearing you may be asked to include new properties or exclude some. On the basis of the established facts, the court decides on the admissibility of the division. In that decision, the court decides on the issues between which persons and for what properties it will be carried out, as well as what is the part of each of the separators. The properties whose partition is admitted must be individualized, and in the case of movable property it is in the possession of whom the partitioners are. If any of these are not available, a partition for them is not allowed. You may be asked by the heir whose fault they lack the property to pay part or value. Phase II - Bidding between the heirs.

2. We allocate the properties whose partition is admitted - the first concerns the accounts that derive from rights and obligations in relation to an open inheritance - what each heir owes to the heir and what he owes to the other heirs in connection with ownership between them. Requests for settlement must be lodged at the first hearing after the entry into force of the decision on the admissibility of the case. They must be brought within a limitation period of 5 years from the date of the submission of the application for partition. On all claims, the court decides by a decision that can be appealed against. The ruling in force has the force of a judgment. 2. The distribution of the property by shares in kind upon the formation of the shares, the court shall comply with the decision in force. The divestment in kind is done as far as possible - applicable to a partition of the same type of property. Properties that can not be shared comfortably are made available for public sale. Unit inequality equals money. In order to avoid fragmentation of properties, the law does not allow the division of the fields into parts smaller than 3 decares, the meadows 2 decares; of vineyards and orchards - less than 1 hectare.

The action of the division - the constitutive act ends the property community between the separators and each of them becomes the exclusive owner of what he has received in a share.

The rights he had on the common property ceased to exist.

Liability in court eviction (removal).

Removal is by court decision. It is also possible that the heir voluntarily relinquishes the belonging to him in title. If some of the co-inheritors suffer legal removal from some of the property declared in his share, he does not receive his inheritance. Therefore, it is necessary that he be adequately compensated by other co-heirs in order not to suffer the loss himself. The partition's liability is related to their shares. The indemnity is paid by the value of the property, determined during the judicial removal. Compensation is not due when it is excluded by an agreement in the act of partition or when the co-ordinator has guiltily suffered it. The law provides for the establishment of a mortgage on immovable property left in the share of that co-owner who owes a supplement. In order to produce an action, the mortgage must be written by the notary.

Nullity of the partition - when it is b