Are all cars and movables sold in the event of an heirs’ dispute

Are all cars and movables sold in the event of an heirs’ dispute

Direct answer: Not all movable property is necessarily sold, but it depends on the nature of the movable property and whether it is divisible (in kind) or not.

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

In the event of a dispute between the heirs and their refusal to take a consensual division (or exit), the court intervenes to conduct what is known as a “forced division”. The Saudi regime has set a decisive standard for dealing with the disputed estate, which can be summarized as follows:

Movables that are not divisible in kind (such as cars):

 If the movables are indivisible in nature, or if their division results in a disruption of their use or a significant decrease in their value (such as cars, equipment, and furniture that cannot be distributed equally), the court shall order their sale at public auction and distribute their price to the heirs according to their legal shares.

Movables that are divisible in kind (forced division):

 If there are movable property in the estate that can be divided in kind and distributed equally among the heirs without harming it or reducing its value (such as cash, shares, or large and identical numbers of goods or livestock), the court will divide it in kind and hand each heir his share of it and will not sell it.

Regular bond:

• Civil Transactions Law: Article 628 stipulates that: “If one of the partners requests the division of the common money and the rest refuses, and the money is divisible in kind without this resulting in a disruption of its use or a significant decrease in its value, the court shall divide it. If the division results in either of them, the court shall order the money to be sold at auction.”
• Joint Funds Division Regulations: Articles 18 and 44 stipulate that the Chamber shall issue an independent ruling handing over to each partner his share of what “can” be forcibly divided, and shall rule to sell what “can’t” be divided and hand over to each partner his share of the price.

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Conclusion: The court seizes the estate. Whatever can be divided without harm is divided among the heirs, and whatever cannot be divided, such as cars sold at auction, is divided and its price is divided.

References

• Article Six Hundred and Twenty-Eight of the Civil Transactions Law
• Article Eighteen of the Joint Funds Division Regulations
• Article Forty-Four of the Joint Funds Division Regulations