If a property has multiple owners – for example, through inheritance or as part of a community property regime – conflicts can arise regarding its use or disposal. In such cases, the law offers a way to dissolve the joint ownership of the property through partition auctions. However, there are two different types: the large and the small partition auction.
“ The full right to file a claim can mean a final solution for all parties involved, while the limited right to file a claim only offers a partial solution, ” explains lawyer Cocron.
But what exactly is behind it?
The major and minor right to file a petition in partition auctions
Limited Right of Application: The Targeted Dissolution of a Partial Community of Heirs
If several “nested” communities exist on a property, a co-heir or co-owner can request the dissolution of only one of these communities with the small application.
Example:
– A married couple are co-owners of a house. After the husband’s death, an inheritance community is formed with the wife and children.
– At the same time, a co-ownership exists between the wife and the heirs.
– With the small application, a co-heir can only dissolve the community of heirs of the inherited half of the house, while the co-ownership remains in place.
This means: The property remains jointly owned, but the ownership structures are partially disentangled.
Extensive right to apply: The complete abolition of all communities
If someone wishes to dissolve not only a partial community of heirs, but all existing communities relating to the property, they can submit the full application.
Example:
– A house originally belonged to a married couple. After the husband’s death, there is both an inheritance community among the children and a co-ownership between the surviving wife and the inheritance community.
– The large application results in the dissolution of the joint ownership of the property through partition auction.
Result: The property is auctioned off, the proceeds are divided among the parties involved, and the community is dissolved.
” Partition auctions are often the most pragmatic solution when co-owners or co-heirs cannot reach an agreement, ” says lawyer Friedrich Albrecht Lösener.
When is which application appropriate?
| aspect | Small right to apply | Extensive right to apply |
| Goal | Dissolution of a single sub-community | Dissolution of all communities on the property |
| Consequence | The property remains, only the ownership changes. | Property is sold, proceeds are distributed |
| When is it useful? | If co-owners are still seeking a solution without an auction | When disputes block use or sale |
Conclusion
Whether a limited or large right of application is chosen, both options are tools for untangling complex ownership situations. While a limited right of application offers a selective solution, a large right of application leads to the final dissolution of all co-ownership. Seeking legal advice early on can prevent a protracted dispute from escalating and the property from being auctioned off below its value.
