Is your community of heirs at a standstill because one co-heir refuses to sell the property? This situation is not only emotionally stressful but also costs you hard cash every month. This article presents four proven strategies to resolve the impasse and secure your inheritance.
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The topic briefly and concisely
The unanimous consent of all co-heirs is required to sell an inherited property; a single refusal blocks the entire process.
The best solution is an amicable settlement or the buyout of the obstructing co-heir based on a neutral appraisal of market value.
Each co-heir can sell their share of the inheritance at any time without the consent of the others, while the co-heirs have a two-month pre-emption right.
An inherited property should be an asset, yet it often becomes a point of contention when one co-heir does not want to sell. The legal requirement for unanimity paralyses many groups of heirs and incurs ongoing costs that can reduce the inheritance by thousands of euros. However, you are not powerless. We guide you through the options – from an amicable agreement, which promises the highest return, to a partition auction as a last resort. With the right strategy, you can turn the conflict into a solution and secure your share of the wealth.
The Deadlock: Why a Single Co-heir Can Stop the Sale
In an estate community, the property belongs to all heirs jointly, managed as what is known as a joint ownership. According to § 2032 BGB, a unanimous decision is required for the sale. If even one co-heir refuses consent, a private sale on the market is legally impossible.
This blockade directly leads to financial losses for all parties involved. Ongoing costs for property tax, insurance, and necessary maintenance quickly amount to several thousand euros per year. Every month of standstill diminishes the real value of your inheritance share. Understanding this legal hurdle is the first step in developing an effective solution strategy.
Strategy 1: The negotiation solution for maximising revenue
The fastest and most profitable solution is always an amicable settlement. Negotiating on equal terms not only prevents high court and legal costs but also ensures the best possible sale price. The foundation for a fair discussion is an objective, data-supported property valuation. With an impartial valuation from Auctoa, you create an indisputable factual basis, removing the emotional foundation from the dispute.
A common form of settlement is the buyout of a co-heir. In this case, one or more heirs take over the share of the obstructive co-heir and compensate them based on the current market value. This process must be recorded in a notarially certified settlement agreement to ensure legal security for all parties. You can find more information on this in our guide on buying out an inherited house. If direct negotiation fails, there are further ways to exit the forced community.
Strategy 2: Selling Your Inherited Share as Your Personal Exit
If a settlement seems impossible, the law provides you with a personal exit option: the sale of your entire inheritance share. According to § 2033 BGB, you can sell your share of the entire estate to a third party or other co-heirs. You do not need the consent of the other heirs for this step.
However, your co-heirs have a statutory pre-emptive right, which they can exercise within two months. This means they can join the purchase agreement you negotiated under the same conditions. Although selling to an external investor is possible, it is often associated with a price reduction of 20-30%. Nevertheless, this step can be useful to avoid a lengthy and costly legal dispute and to fairly distribute the sale proceeds. If this option also proves unsuccessful, the last but most risky step comes into focus.
Strategy 3: The partition auction as a last resort
If all other avenues are blocked, any co-heir can apply for the partition auction at the competent district court. This procedure is a special form of forced auction aimed at converting an indivisible property into divisible money. The consent of the other heirs is not required for this.
However, this step should remain the absolute exception, as it is associated with significant disadvantages. The risks are high for all parties involved and almost always lead to financial losses.
The achieved auction proceeds are often 15-30% below the market value, which would be possible in a free sale.
The procedure is lengthy and can extend over a period of one to three years.
The procedural costs, including appraisal and court costs, can amount to several thousand euros and are deducted directly from the proceeds.
The family peace is usually permanently destroyed by this forced act.
The partition auction is a sharp sword that indeed forces a solution but leaves deep wounds. Read more about the process under Verfahren der Zwangsversteigerung. Therefore, it is crucial to know the associated costs precisely.
Costs and Procedure of the Partition Auction
The costs of a partition auction are deducted directly from the proceeds after a successful bid and are therefore borne proportionately by all heirs. However, the applicant often has to pay a substantial advance of several thousand euros to initiate the process. If the auction fails because no sufficient bid is made, the applicant is left to bear these costs alone.
The process is strictly formalised:
Application to the district court by a co-heir.
Judicial order of the auction and notification to all co-heirs.
Preparation of a market value appraisal by a court-appointed expert.
Setting of the auction date and the minimum bid (often 50% of the market value).
Public auction with the contract awarded to the highest bidder.
Although a suspension of the procedure for six months can be requested, the hurdles for this are high (§ 180 para. 2 ZVG). In view of the high costs of dissolution, reaching an agreement is almost always the better alternative.
Conclusion: Act strategically to secure the legacy
If a co-heir doesn't want to sell, it's not an insurmountable problem, but rather a strategic challenge. The key is to soberly weigh the options and act proactively. Negotiating based on a professional property valuation is always the first and best way to maximise the value of the inheritance for everyone. Only if this approach fails should you consider selling your share of the inheritance or, as a last resort, a partition auction. A partition auction is not a winning strategy, but a tool for damage limitation, often destroying 15-30% of the property's value. Act proactively and data-driven to secure your inheritance instead of losing it in a dispute.
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Additional useful links
Advocado offers advice on what to do if a member of a community of heirs blocks the sale.
Deutsches Erbenzentrum addresses the issue of dissolving a community of heirs.
Deutsches Erbenzentrum describes the process of a partition auction.
Justizministerium Nordrhein-Westfalen explains the statutory order of succession on this page.
Statistisches Bundesamt (Destatis) offers a press release here.
Wikipedia provides a comprehensive overview of the concept of the community of heirs.
FAQ
What is the first step if a co-heir blocks the sale?
The first and most important step is to obtain a professional and impartial property valuation. This provides an objective basis for discussions in negotiations and the potential payout of the co-heir.
Who pays the ongoing costs of the property during the dispute?
The community of heirs as a whole is responsible for covering all ongoing expenses such as property tax, insurance, and repairs. The costs are paid from the estate or must be borne proportionately by the heirs.
What is the difference between selling an inheritance share and selling a property?
When selling a property, the community of heirs sells the house to a buyer. In the sale of an inheritance share, you, as an individual heir, sell your entire share of the estate (which includes the property) to another person, who then takes your place in the community of heirs.
Can I prevent the partition auction if another co-heir requests it?
You cannot prevent the auction, but under certain circumstances, you can delay it for six months (§ 180 Abs. 2 ZVG). The best method to prevent it is to reach an amicable agreement either before or after the application is made, at which point the applicant can withdraw the proceedings.
Do co-heirs have a right of first refusal at the partition auction?
No, there is no legal pre-emption right at the public auction itself. Anyone, including fellow heirs, can bid. The pre-emption right only exists if a co-heir sells their entire inheritance share to a third party.
What happens to the proceeds from the partition auction?
The proceeds will initially be managed by the court. If the heirs manage to agree on the distribution of the money, it will be paid out accordingly. If a dispute persists, the distribution must be settled in court through a probate lawsuit.
