Inheritance Law2026-09-22

A Co-Heir Is Blocking the Sale of the House — How Does a Partition Auction Work and What Does It Cost?

One co-heir won't agree to the sale and the house sits idle. I explain how to apply for a partition auction, how long a co-heir can delay it, and the costs and value risks you need to bear in mind.

You are a co-heir, the house from the estate is meant to be sold — but another co-heir is standing in the way. They won’t agree to the sale, they won’t move out, they won’t respond, or they insist on a price no buyer will pay. The property ties up capital, runs up costs, and the community of heirs cannot move forward. In this situation, the partition auction is the lever that lets you force the sale through, if necessary, without the blocking co-heir’s consent.

In brief

Every co-heir may demand the dissolution of the community of heirs at any time; a co-heir who refuses their consent cannot prevent this indefinitely. If the house cannot be physically divided and no agreement on a private sale can be reached, any co-heir may apply to the competent local court (Amtsgericht) for a partition auction — without needing an enforcement order (Vollstreckungstitel) against the others. The blocking co-heir can delay the proceedings by up to a year through an application for a temporary stay, but cannot prevent them. The real risk lies not in the court costs but in the fact that, at a second auction date, the property can be sold with no minimum-price threshold at all.

How I can help you

Assessing whether a partition auction is actually necessary in your case, or whether an amicable solution (a buy-out, a sale to one of the co-heirs) would be quicker and more cost-effective
Filing the application with the competent local court and demonstrating your standing as an heir to the enforcement court
Responding to any application by the blocking co-heir for a temporary stay of the proceedings
Guiding you through the market-value assessment and the auction date, in particular advising on the value thresholds and the risk of a second auction date
Enforcing your share of the auction proceeds within the community of heirs

The fundamentals of dissolving a community of heirs as a whole — such as the course of a dispute-free settlement — are covered in the article Dissolving a community of heirs. This piece deals solely with the special case where a co-heir is blocking matters and the case has to go before the enforcement court.

Requirements: When you can actually apply for a partition auction

Under § 2042 BGB, every co-heir is entitled to demand the dissolution of the estate at any time. Through the reference in § 2042(2) BGB, the rules governing co-ownership by fractional shares apply, in particular § 749 BGB (the right to demand dissolution) and § 753 BGB: where the estate asset — here the house — cannot be divided in kind, dissolution takes place by sale, and in the case of land by compulsory auction.

In practical terms, this means:

You do not have to show that an attempted sale has failed. The wording of the statute speaks of “at any time” — you can file the application as soon as it is clear that no agreement on a private sale will be reached.
You do not need an enforcement order against the blocking co-heir. Unlike an ordinary compulsory auction, a partition auction under §§ 180 ff. ZVG does not require an enforcement order; proof that you are a co-heir is sufficient.
You do not need the consent of the other co-heirs. A single co-heir can file the application, even in the face of the express opposition of all the others.

One important exception: if the testator excluded dissolution by will or contract of inheritance, or made it subject to a period of notice (§ 2044(1) BGB), the route to a partition auction is initially barred. However, such a bar on dissolution becomes ineffective at the latest 30 years after the death (§ 2044(2) BGB) — unless the testator tied it to a specific event, such as the death of a named co-heir. So first check whether there is a bar on dissolution in the will before you file the application.

The process: From application to award of the sale

The competent court is the local court acting as the enforcement court for the place where the property is located. The process in broad steps:

Application and proof of your standing as an heir. As no enforcement order is required, the court instead requires proof that you are entitled as a co-heir — usually by way of a certificate of inheritance (Erbschein), a notarial will with a record of its opening, or an extract from the land register if the community of heirs is already registered there.
Order commencing the auction. The court orders the partition auction and notifies the other co-heirs.
Market-value assessment. A court-appointed expert determines the market value of the property. This value is the basis for the value thresholds that apply later at the auction date.
The auction date. Anyone — including the co-heirs themselves — may bid.
Award or refusal. Whether the highest bid is sufficient depends on the value thresholds (more on this below).
Distribution of the proceeds. The auction proceeds take the place of the land and remain part of the estate. They are distributed among the co-heirs in line with their inheritance shares; if there is a dispute over the distribution, the proceeds can be paid into court until the community of heirs reaches agreement or the matter is resolved judicially.

The value thresholds — and the real cost risk

This is the point at which many co-heirs underestimate the partition auction: it is not just about court and expert fees, but about the sale price itself.

First auction date, the 7/10 threshold: if the highest bid, including any rights that continue to attach to the property, remains below seven tenths of the assessed market value, an entitled party may apply for the award to be refused (§ 74a ZVG).
First auction date, the 5/10 threshold: if the highest bid even falls below half of the market value, the court must refuse the award of its own motion (§ 85a(1) ZVG).
If the award is refused, the court sets a new date of its own motion, usually a few months later.
Second auction date: no more value threshold. At the new date, neither the 7/10 nor the 5/10 threshold applies (§ 85a(2) ZVG). The house can then be awarded for any bid — including one well below its value.

For the community of heirs, this means: a blocked, drawn-out process increases the risk that the second attempt ends in a sale well below market value. That affects all co-heirs equally, including the one who originally applied for the auction.

The costs themselves — court fees based on the market value of the property, together with the cost of the expert’s report — are advanced in the first instance by the applicant, but are reimbursed ahead of distribution out of the auction proceeds and are, in economic terms, borne by the community of heirs as a whole. Precise figures cannot responsibly be given without knowing the market value; I will go through this with you in an initial consultation on the basis of your specific property.

How a co-heir can delay the auction

The blocking co-heir is not defenceless in the proceedings. They can apply to the enforcement court for a temporary stay of the proceedings (§ 180(2) ZVG). The court orders a stay for up to six months where this appears appropriate after weighing the interests of all co-owners — for instance because the co-heir lives in the house and needs time to arrange a buy-out or an alternative sale. This stay can be repeated once, so that the proceedings can be delayed by up to around a year in total.

Importantly: a stay requires a genuine balancing of interests, not mere stalling for time. If, as the applicant, you can show that an amicable solution is not in sight and that the delay is causing you economic harm, such a stay can be resisted.

An example from practice

Two siblings jointly inherit the family home. One wants to sell; the other continues to live in it and rejects any sale, without offering to buy the first out. After talks come to nothing, the sibling who wants to sell applies for a partition auction. The sibling living in the house then applies for a temporary stay on account of their living situation; the court grants six months to find a solution — such as raising a loan to fund a buy-out. As nothing moves during that time, the proceedings continue once the period expires. At the first auction date, the highest bid remains below 70 per cent of the assessed market value, and the award is refused. At the second date, with no minimum-price threshold, the house is awarded well below its value — a loss that, in the end, both siblings bear. The case shows why it is worth it for both sides to negotiate a buy-out or a private sale in good time, rather than letting the proceedings run all the way to a second auction date.

Common mistakes

Waiting rather than involving a solicitor early. The longer the blockage lasts, the greater the risk of a loss in value through a second auction date.
Believing an attempted sale must first have failed. The application can be filed at any time; a prior failed private sale is not a requirement.
Overlooking a bar on dissolution in the will — or, conversely, assuming it applies forever, when in fact it becomes ineffective after 30 years.
Mistaking a temporary stay for a permanent ban on the sale. It delays the proceedings, but does not prevent them for good.
Underestimating the second auction date. Anyone who thinks a low first bid is “harmless” overlooks the fact that, at the second date, no value threshold protects them any longer.

Frequently asked questions

Can a co-heir prevent the partition auction for good?

No. Through an application for a temporary stay under § 180(2) ZVG, they can delay it by up to around a year, but they cannot block it permanently. A permanent exclusion is only possible through a valid bar on dissolution imposed by the testator in the will, and even that applies for a maximum of 30 years.

Do I have to have attempted a private sale first?

No, that is not a legal requirement. The right to demand dissolution under § 2042 BGB exists at any time; you can file the application as soon as it is clear that no agreement will be reached.

Can the blocking co-heir bid themselves and buy the house at auction?

Yes. Like any other bidder, every co-heir can bid at the auction date and be awarded the property. The purchase price then flows into the proceeds to be distributed, just as it would with any other bidder.

What happens to the money after the auction?

The proceeds take the place of the property and remain part of the estate. They are distributed in line with the inheritance shares; if there is disagreement over the distribution, they can be paid into court.

How long does the whole procedure take?

That depends very much on the individual case: from the scheduling of the expert’s report, through possible applications for a temporary stay, to a second auction date if one proves necessary. Without any delaying applications, a few months is realistic; with stay applications and a second date, it can take considerably longer.

Your next step

A partition auction is not something you simply set in motion and then let run — the value thresholds and the possibility of a temporary stay make the process more complicated than it appears at first glance, and a poorly prepared procedure can, in the end, harm all the co-heirs. Before you file an application, or have to respond to one, you should understand your position, the cost risk, and possible alternatives such as a buy-out. I will assess your case in an initial consultation, prepare the application, or represent you before the enforcement court. Further information on all questions to do with inheritance can be found in the Inheritance law section.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-09-22.

Christian Czirnich, Rechtsanwalt (attorney at law), Kirchseeon near Munich

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