The rules relating to the division of hereditary property transferred to common share ownership of heirs by agreement between them are established in Article 1165 of the Civil Code. In general, the order and conditions of such a section are regulated by Part 2 of Article 1164 Civil Code, as well as the provisions of Article 252 of the Civil Code.
According to the norm of Article 252 of the Civil Code, property in shared ownership may be divided between its participants by agreement. If participants do not share ownership of an agreement on the manner and conditions for the division of common property or the allocation of a share of one of them, the shareholder of a shared property is entitled to demand in court to divorce in kind its share of common property.at the time of Separation Agreement this happens to be a very important matter.
Thus, the law provided an opportunity for the heirs at will to distribute all the hereditary property among them in order to avoid further disputes over the division of each of the objects included in the estate. If the heirs of the agreement fail to reach agreement, the division of the inheritance can be carried out in a judicial procedure at the request of any heir. In the latter case, the norms of Article 1168 – 1170 of the Civil Code on the priority right of the heirs to receive, when the objects belonging to the estate.
In any case, on the division of hereditary property, if there are incompetent or underage citizens among the heirs, the guardianship and trusteeship authority must be notified (Article 1167 of the Civil Code ).
If the testator has made a will, indicating which property to any of the heirs will get, there is no need to divide the hereditary property. However, if you inherit by law or by will, which does not specifically specify who needs what, you need to divide the property.
Agreement on the division of inherited property
In inheritance under the law, if the hereditary property passes to two or more heirs, and if it is inherited by the will, if it is bequeathed to two or more heirs without indicating the specific property inherited by each of them, hereditary property proceeds from the day of opening the inheritance to the common share ownership of the heirs, those. You can also in this case make use of the Power of Attorney Form.
The division of the hereditary property that is received in the equity ownership of the heirs is made in a different order:
- within three years from the date of opening the inheritance (according to the rules of Article 1165 – 1170 of the Civil Code );
- After this period (under the rules of articles 252, 1165, 1167 of the Civil Code).
The agreement on the division of inheritance applies the rules of the Civil Code on the form of transactions and the form of contracts. In general they can be described as follows. There are two forms of transaction oral and written, written can be simple written and notarially certified on the Legal Forms.