What rights do I have as a partial heir?
I inherited half of a piece of land and a house and would like to move into it.
I don't have a certificate of inheritance yet, and I'm not registered in the country register. The house is empty – can I theoretically just live there if I pay the maintenance costs until it's sold or something else is decided?
It is currently not used by anyone
Is also in a pretty miserable condition – the other party is not competing with me
Thank you for your answers
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If the certificate of inheritance has already been applied for or you are the legal heir and the time to renounce the inheritance has passed, you are at least able to act as a co-heir.
The heirs assume the rights and obligations at the time of death.
If the co-heir has no objections, you can move in. Whether the co-heir demands compensation from you is his decision.
Whether moving into a possibly dilapidated house is a sensitive idea is another matter.
Hopefully, accepting this legacy will prove to be a good decision.
This is only possible with the consent of the co-heir(s).
Then you should use the time until then to clarify the outstanding questions with your co-heir(s).
Theoretically yes, if – see above.
The question then arises as to whether auction would not be the cheaper solution.
As long as you don't have a certificate of inheritance, it doesn't belong to you, not even in part. Whether the house is currently in use is irrelevant.
As soon as you are the heir and the land registry entry has been made, it's yours (half yours) and you can move in. The other party also has this right.
You must pay a local rent (1/2) to the other party, as they will then lose rental income.
Thank you for your assessment
I don't think rental income can be claimed, as the house has a total value of €0 from real estate agents, or even less due to the demolition costs. I think I would be a silent user rather than a consumer, since there's no one who could/would want to live there (except maybe me).
Just because no one wants to live there doesn't mean anyone can live there. If you're not an heir (no inheritance certificate – no inheritance), you have NO business living there.
Not quite, no rental agreement, no rent, not even half.
no rental agreement, no living there
Yes, yes, a certificate of inheritance isn't necessary, not even for the funeral costs, which are paid by the estate. He's a member of the community of heirs, and they're allowed to make arrangements, and whether there's an inheritance or not, a rental agreement isn't a given, that's just the way it is.
I also didn't say anything about it being free. That's right, if you can already read, you're usually better off.
Reading it would help: The man has NO inheritance certificate and is therefore not legally an heir, and certainly not an owner! The owner is the person listed in the land register. Therefore, he is not allowed to live in this house. And certainly not for free.
No owner has a rental agreement when using their property. At most, a usage fee is payable, in this case to the community.
Currently none, there is the community of heirs, and they have.
You are allowed to use it, with the consent of the other heirs, and you are allowed to pay a usage fee to the community, and therefore also to yourself.
I dispute an appraisal; Anyone who is not listed in the country register cannot receive an appraisal.