A community of heirs can only decide on the property jointly. There are four routes: sell together and share the proceeds, one heir takes over and buys out the others, one co-heir sells their inheritance share, or, as a last resort, a partition auction (Teilungsversteigerung), which almost always yields the lowest proceeds. The basis of any fair solution is a neutral valuation that everyone accepts.
Are the fronts already hardened? Call us on 0176 6128 5260: as neutral outsiders, we can often achieve more than yet another family discussion.
Why nobody in a community of heirs can act alone
If several people inherit, the entire estate, including the property, becomes jointly owned assets (§ 2032 BGB). No co-heir owns “his room” or “her half of the house”: everyone owns everything together. Selling the property therefore requires the consent of all co-heirs, and this is exactly where many families come unstuck: one wants to sell, another wants to let, a third would like to move in.
The law intends a community of heirs as a transitional arrangement. It is designed for partition (Auseinandersetzung), in other words to be dissolved. The only question is how.
The four ways out of a community of heirs
- Sell together The economically best route: the property is sold on the open market (or discreetly) and the proceeds are divided according to inheritance shares. It requires agreement, which is much easier to reach with a neutral valuation and a transparent process.
- Takeover with a buyout One heir takes over the property and pays out the co-heirs. The basis is the neutrally determined market value; the transfer is handled by the notary. Advantage: when acquiring from co-heirs, no real estate transfer tax is payable (§ 3 Nr. 3 GrEStG). Financing should be arranged with the bank beforehand.
- Selling your share of the estate If you want to leave but the others will not go along, you can sell your entire share of the estate by notarial deed, to a co-heir or to a third party (§ 2033 BGB). The co-heirs then have a statutory right of first refusal for two months. When selling to a third party, however, the price is usually below the arithmetical value of the share.
- Partition auction, the last resort Any co-heir can apply for it at the local court, even against the will of all the others. But it often takes one to two years, incurs court and surveyor costs, usually achieves considerably less than a private sale, and as a rule destroys family peace for good. Anyone threatening it should know: almost everyone loses.
The key: a set of figures that everyone accepts
At their core, most conflicts in communities of heirs are valuation conflicts: one heir considers the family home priceless, another sees it as a renovation case. As long as everyone argues with their own figures, nothing moves.
A neutral, well-documented valuation, based on recognised methods and verifiable comparative data, creates the common ground: for the sale price, for a fair buy-out or for deciding whether keeping the property is worthwhile at all. This is exactly where we come in: with a valuation based on recognised methods (Bachelor's degree in Real Estate Management) and as outsiders who are not bound to either side.
Sell discreetly, without the neighbours following along
Especially with the family home, many families do not want the sale and price to become known through a public listing. If you wish, the property can be offered discreetly, without a public brochure and without a sign in the front garden. This also takes pressure off the family situation.
What is the inherited house really worth?
A neutral, free initial assessment is the basis for any fair solution, whether sale, buy-out or takeover of shares. Without obligation and confidential, with all co-heirs together if you wish.
Request a free valuation Or get in touch directlyPrefer to talk directly? 0176 6128 5260
Without obligation · confidential · no pressure to sell · we get back to you personally
Frequently asked questions
Can the community of heirs only sell the house jointly?
Yes, the property belongs to everyone jointly, and the sale requires the consent of all co-heirs. Acting alone, each heir can only sell their entire share of the inheritance or apply for a partition auction.
How do I buy out my co-heirs?
On the basis of a neutral valuation, according to the inheritance shares, via the notary. No real estate transfer tax is payable when acquiring from co-heirs (§ 3 Nr. 3 GrEStG). Clarify the financing with the bank beforehand.
Why should a partition auction be avoided?
It often takes one to two years, incurs court and surveyor costs, usually yields considerably less than a private sale, and almost always escalates the family dispute for good.
Can I sell my share of the inheritance without the consent of the others?
Yes, by notarial deed to co-heirs or third parties (§ 2033 BGB). The co-heirs have a two-month right of first refusal. You cannot sell individual items or the property on its own in this way.
A co-heir lives in the house and pays nothing: what can be done?
Expressly claim compensation for use and, in parallel, negotiate a solution: takeover against a buy-out payment or a joint sale. A neutral valuation makes both negotiable.
How can an estate agent help a divided community of heirs?
As a neutral third party: with a transparent valuation as a shared basis for the figures and a clear process in which no heir is favoured. This often resolves entrenched positions before it comes to an auction.
Related life situations
Note: This article provides general information and does not replace legal or tax advice in individual cases. For a specific assessment under inheritance law, please consult a specialist inheritance lawyer or a notary. Last updated: July 2026.
