The transformation of the community of heirs on the estate to co-ownership

Abstract

This work deals with the extinction of the community of heirs produced through the agreement between the heirs to award undivided quotas on the assets that are part of said state. Known as conversion or transformation of the community of heirs, implies as a result the constitution, according to said quotas, of co-ownership on each of the assets or rights that made up the estate, maintaining the situation of indivision between the partners, but subject to a different legal regime. The extinction of the communiyt of heirs in this way, is not, however, a mere continuation of the situation of indivision under new rules, although this is its main consequence. Nor does it constitute a purely formal or provisional division, although later it is necessary to leave the ordinary communities con- stituted, but it ends the hereditary indivision by a way that raises questions of interest, among which are those of its nature and foundation, forms through which it may take place, the object, the content and effectiveness of the dis- position or termination agreement and the conditions to be met, the position of the co-participants and the content of their obligations and rights, the rights of third parties on the goods or their relationship to the eviction cases by precarious between heirs.