The community of heirs can't agree – how do I divide the estate?

If co-heirs are blocking things, the estate doesn't have to remain undivided forever. I'll show you how to enforce the division, if necessary even against the resistance of others.

An inheritance often brings together several heirs who previously had little to do with one another — or who are already at odds for family reasons. As long as the estate remains undivided, it belongs to all the co-heirs jointly: no one can decide alone about the inherited house, the securities portfolio or the household contents; as a rule, every disposal requires the consent of everyone. If one co-heir refuses to sell, another wants to use the house themselves, and a third simply doesn’t respond at all, the community of heirs grinds to a halt — sometimes for years, while maintenance costs, property tax and disputes keep accumulating. This deadlock is not set in stone under the law. The law gives every co-heir a right to have the estate divided, if necessary even without the others’ agreement.

How I can help you

• Assessing whether and how the community of heirs can be legally and safely dissolved
• Preparing a division plan and negotiating with the other co-heirs
• Enforcing your claim to division, including against obstructive co-heirs
• Advice and representation in a partition auction (Teilungsversteigerung) of a property
• Clarifying equalisation items such as supplementary compulsory portion claims, advancements, or estate liabilities
• Representation in court proceedings for division of the estate

Your right to division — even against the others’ wishes

Under § 2042 BGB, every co-heir may, in principle, demand at any time that the estate be divided. A single co-heir cannot permanently prevent this simply by refusing to cooperate or to communicate. Exceptions apply only where the deceased excluded or postponed division by will, or where the co-heirs themselves have agreed to a deferral.

How the division is carried out follows the general rules on co-ownership, via the reference in § 2042(2) BGB. If the estate can be broken down into equal shares, division takes place in kind (§ 752 BGB) — for example, where there are several similar assets that can be split without loss of value. If that isn’t possible, in particular where the estate consists of a single property that the heirs cannot agree on, § 753 BGB leaves only the sale of the jointly owned asset — for land and buildings, by way of a forced auction.

In practice, my work usually begins not in court but at the negotiating table: I prepare a division plan, clarify open questions about estate liabilities and equalisation items, and reach out to the other co-heirs or their lawyers. An out-of-court division agreement is, as a rule, faster, cheaper and more predictable for everyone involved than court proceedings.

When nothing else works: partition auction and litigation

If a co-heir refuses to cooperate permanently, two legal routes remain. If the estate includes a property, any co-heir can apply to the competent local court (Amtsgericht) for a partition auction under the Forced Auction Act (§ 180 ZVG). The property is then auctioned and the proceeds distributed among the co-heirs. This is an effective form of leverage, but it often results in a sale price below true market value — which is why I generally only take this step once an amicable solution or a sale to a third party is genuinely ruled out. On application by a co-owner, the court can also temporarily suspend the proceedings for a limited period if the circumstances justify it.

If no agreement can be reached on the proceeds obtained, or on other parts of the division, the remaining option is a court action for division of the estate. It compels the other co-heirs to agree to a specific division plan set out in the claim. Such proceedings are legally and factually demanding, because it is often first necessary to establish who has already received how much from the estate, which liabilities remain outstanding, and how individual items are to be valued.

How we’ll proceed

A deadlocked community of heirs is stressful, but it isn’t a permanent state you have to accept. In our initial consultation, I get an overview of the estate, the positions of the co-heirs and the disputes so far, so that we can decide together whether a negotiated settlement, a partition auction or litigation is the right way forward. You can find out more about my work in inheritance law at /en/topics/inheritance-law. I discuss the costs of my work transparently at the initial consultation — under the RVG (German lawyers’ fees act) or, where available, through your legal expenses insurance.

This article provides general information and does not replace individual legal advice.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-07-10.

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