Public sale for division
the public sale for division or also argument auction is a special, in the law over the auction by order of the court and official administration (ZVG) regulated procedure of the auction by order of the court.
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purpose
the public sale for division is used, in order to terminate a community at a property. Marriage partners, who buy a property together, let themselves be registered usually as joint owners “to 1/2 each” in the land register. Such a community is dissolved, if no other agreement between the involved ones is made, by this special foreclosure proceedings. The real estate is converted into money. At this money (proceeds) the community continues however. If the joint owners do not agree on a disbursement (for example according to their portions), proceeds are deposited. Communities, whose completion can prepare the public sale for division, are among other things the inheriting community, the society of civil right, if necessary also the open commercial company (OHG) or limited partnership (kg).
competence
the procedure is accomplished with the district court as enforcement court. Locally in principle the district court, in whose district the real estate lies, is responsible. Functionally the right male nurse is responsible.
procedure
the public sale for division must by one at the community took part to be requested. The right male nurse examines whether the request is normal. In the request the exact designation of property must be indicated. The applicant and the other members of the community must be registered in the land register usually. Beyond that the proof must be furnished that the material-legal conditions for the abolition of the community are present.
The procedure can be stopped upon the request of an involved one for up to six months meanwhile, if this appears appropriate with consideration of the conflicting interests. Belong to the community beside the applicant only its (former) spouse, then the procedure can be stopped also to well-being of the common child for up to 5 years.
If the addition is given, the right male nurse determines a distribution date. To this date that has to pay its requirement first ago.
Web on the left of
- By German and Austrian courts proclamation of auction days in the Internet arranged:
- general one useful information:
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