Teilungsunfähige

Teilungsunfähige refers to a legal concept, primarily found in German law, describing property that cannot be practically or legally divided into smaller portions. This inability to divide can stem from its inherent nature, its intended use, or specific legal regulations. For instance, a single-family house, a plot of land that is too small to be subdivided according to zoning laws, or a work of art might be considered teilungsunfähig. The concept is crucial in inheritance law and property law, particularly when dealing with the division of assets among multiple owners or heirs.

When property is deemed teilungsunfähig, the law provides specific mechanisms for its disposition. Instead of physical division, the property might be awarded to one heir or co-owner, who then compensates the others financially. Alternatively, the property could be sold, and the proceeds divided among the interested parties. This approach aims to preserve the integrity and usability of the property while ensuring fairness to all stakeholders. The determination of whether property is teilungsunfähig often requires a legal assessment, considering both practical and legal limitations. This prevents the fragmentation of valuable assets and avoids creating unworkable or legally non-compliant smaller units.