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Feb 15, 2018 09:49
6 yrs ago
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German term

Erauseinandersetzung

German to English Law/Patents Law (general) inheritance
A friend here in Germany is trying to figure out the exact meaning of this phrase. He wishes to buy a property, but in the will of the seller, there is a somewhat confusing phrase.

I am trying to get a good interpretation of the sentence "Innerhalb dieser Frist soll das Grundvermögen zumindest nicht zum Zwecke der Erbauseinandersetzung veräußert werden".

Does it mean that the property may not be sold at all within the time frame? it's 11 years) Or that it may not be sold for the sole purpose of settling a dispute (presumably among the heirs)? The word/presence of a "dispute" is of importance to me here.

The translation of Erbauseinandersetzung is normally "distribution of estate", but is there another nuance in this case??

Thanks a lot!!
Proposed translations (English)
1 distribution of the inheritance / division of the estate / partition of the estate among co-heirs
References
apportionment of the estate amongst several co-heirs

Discussion

Jack Weber (asker) Feb 20, 2018:
Many thanks! Thank you to everyone who contributed to this post. It is my first time here on this site, but it will certainly not be my last.
I will ensure that, in the future, I adhere to the guidelines more closely. I guess, like many things in life, it is a bit of a learning experience.

Jack
Margaret Marks Feb 15, 2018:
distribution of the estate Yes, as andrew-larsen says. I would want to know what "soll" means here. That is, clearly the testator did not want the property to be sold in a hurry and the proceeds distributed among the heirs - maybe he wanted to encourage someone from his family to remain in the house. But is that just a hope rather than a binding order? "Soll" can mean "should not be sold" rather than "shall not be sold".
I'm not sure what you mean by 'the will of the seller'. Is it not the will of whoever the seller is heir to? Or is the seller dead? etc. Also, what about the notary who is involved in a sale - can he not advise? It seems a bit odd that a buyer is relying on ProZ wisdom to find out the law.
Jack Weber (asker) Feb 15, 2018:
Thanks! Thanks Irene for the advice. I'll see if I can track down the appropriate individual(s).
Yeah, interpretation of such is always a little 'sticky'.

All the best.
Teangacha (X) Feb 15, 2018:
Hi Jack!

Welcome to the forum!

If I was in your friend's position, I would try to contact the official who helped the seller draw up their will, as it is only there that your friend can be sure he is interpreting the matter correctly.
We could all give our own individual interpretations but it may only serve to lead you astray and I would not want to risk that.

I hope this helps. Have a lovely day!

PS: ' Erbauseinandersetzung' is normally referring to the distribution/settlement of an estate/ inheritance. It is not necessarily referring to a dispute and can be done by means of an amicable arrangement.
Jack Weber (asker) Feb 15, 2018:
Well then, Sorry! This was my first entry here, and just wanted to put the phrase "zumindest zum Zwecke der Erbauseinandersetzung" (obviously under 10 words) into context. The word Auseinandersetzung is normally used to describe a dispute.

Any assistance is appreciated.
AllegroTrans Feb 15, 2018:
Asker Your question is really a legal advice matter and outside the scope of this forum, which is only for translation of terms not exceeding 10 words.

Proposed translations

3 hrs
Selected

distribution of the inheritance / division of the estate / partition of the estate among co-heirs

distribution of the inheritance / division of the estate / partition of the estate among co-heirs

sources:

dict.cc Wörterbuch :: Erbauseinandersetzung :: Deutsch-Englisch ...
https://www.dict.cc/deutsch-englisch/Erbauseinandersetzung.h...
Englisch-Deutsch-Übersetzung für Erbauseinandersetzung im Online-Wörterbuch dict.cc (Deutschwörterbuch).
Erbauseinandersetzung {f}
distribution of the inheritance
division of the estate
partition of the estate


Erbauseinandersetzung : Dictionary / Wörterbuch (BEOLINGUS, TU ...
https://dict.tu-chemnitz.de/deutsch.../Erbauseinandersetzung... -
Erbauseinandersetzung : German - English translations and synonyms (BEOLINGUS Online dictionary, TU Chemnitz)
Erbauseinandersetzung {f} unter Miterben partition among coheirs; settlement of an estate
eine Erbauseinandersetzung fand statt a partition of the estate was carried out


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Note added at 15 hrs (2018-02-16 01:39:50 GMT)
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Within this period, the real estate should at least not be sold for the purpose of distributing / partitioning the inheritance among the co-heirs
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4 KudoZ points awarded for this answer. Comment: "Thanks a lot!"

Reference comments

2 hrs
Reference:

apportionment of the estate amongst several co-heirs

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