Tenancy in Common (Bruchteilseigentum)

All co-ownership under German law (§§ 1008 to 1011 BGB) is held under tenancy-in-common (Bruchteileigentum). Under the default rules, each co-owner (Miteigentümer) may transfer his interest in the property without the consent of the other co-owner. However, most co-owner agree on a right of preemption or not to sell his/her share without the consent of the other co-owner in the notarial deed creating co-ownership. The rights and obligations amongst the co-owner are regulated in § 741 seq. BGB (Gemeinschaft nach Bruchteilen). Upon the death of a co-owner, his/her part will be part of his/her estate (Nachlass) and will pass in accordance with the terms of their will or intestacy rules. 


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Glossary

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