In the legal field, the partition of inheritance is a crucial process to ensure the equitable distribution of the estate among the heirs. However, in certain cases, disputes arise as to whether it is possible to request the judicial division of the inheritance after its acceptance, division and adjudication have been made in a public deed.

In this post, we will analyze recent case law and legal arguments related to this topic, focusing on how it affects heirs in Malaga and in which cases the action known as actio communi dividundo proceeds.

It is important to understand that legal procedures related to inheritances may vary depending on the specific situation of the assets and the parties involved. For example, the public deeds of adjudication must be clear and complete to avoid later conflicts. However, when a situation of joint ownership of indivisible property arises, it is essential to know what legal action is most appropriate.

If you are facing a similar situation and need professional guidance, at Tecem Lawyers we offer expert advice on inheritance and partitions. With a personalized approach, we help you understand and solve the legal problems derived from the adjudication of inheritance assets, ensuring that your rights are protected at all times.

The Inherited Community: When does it become extinct?

Inherited Community: When is it extinguished?

The community of heirs is the legal status that exists between the co-heirs while the estate of the deceased remains undivided. According to the Provincial Court of Ávila (AP Ávila, 1-7-24, EDJ 687652), this community of heirs is extinguished at the moment in which the acceptance, division and adjudication of the inheritance is formalized by means of a public deed.

From that moment on:

• The heirs are no longer considered co-heirs.
• The adjudicated assets become individual or shared property, but no longer as part of an estate.
• The possibility of requesting the judicial division of the inheritance disappears, and any controversy over the indivision must be resolved through the actio communi dividundo, a specific procedure to divide indivisible assets among co-owners or co-proprietors.

Cases in which the judicial division of the inheritance does not proceed

The process of judicial division of inheritance is reserved exclusively for cases in which the inherited estate remains undivided and a formal partition has not been carried out. If the partition has already been carried out, as occurred in this case, the appropriate procedure is not the judicial division of the inheritance, but the procedure provided for the division of community property.

The Spanish Legislator establishes that:

• The partition must be made by agreement in the absence of controversy.
• In case of disagreement, the heirs can go to court to defend their rights through a proper declaratory judgment, but not through specific procedures of hereditary partition which are no longer applicable.

What is Actio Communi Dividundo?

The actio communi dividundo is the legal action that allows the co-owners of indivisible assets to resolve the situation of indivision. It differs from the judicial division of inheritance in that the latter requires that the estate remains undivided and has not been adjudicated.

In Malaga, this procedure can be key to resolve situations where:

• Assets awarded to heirs are not easily divisible.
• Discrepancies persist among the co-owners regarding the use or disposition of such assets.

Lawyers Specializing in Partition of Inheritance in Málaga

At Tecem Abogados y Asesoreswe have a team of experts in inheritance law that offers personalized legal solutions for heirs in Malaga. From the formalization of partitions to the resolution of conflicts through the actio communi dividundo, our priority is to guarantee the protection of our clients’ rights.

If you need advice on inheritance partition, do not hesitate to contact us. With a solid experience in judicial and extrajudicial procedures, we are your best option in Malaga to solve this type of cases.