Knowledge · Guide · German law applies
When several inherit a house.
Decide together, before the market decides. What a community of heirs with a property should clarify first — and how to avoid a partition auction and a rift in the family.
As of June 2026 · General orientation, not legal or tax advice in the individual case (§ 3 RDG, § 4 StBerG).
First, the answer
If you have inherited a German property with others, you form a community of heirs (Erbengemeinschaft). You own it jointly and generally decide together. The calmest path is to settle what each person needs before talking price or sale — otherwise, in the worst case, the property ends up in a partition auction. Why an inherited house is, for most families, the largest part of the estate is set out in The wave of inheritances and the inherited house.
The first steps
In the first weeks, less is urgent than it feels. Get a shared overview first: who belongs to the community of heirs, what belongs to the estate, and which deadlines are running. Clarify whether a will exists and whether a certificate of inheritance (Erbschein) is needed. Only then does the house come into view. You will find a calm order of steps in our overview of the first steps.
How a community of heirs decides
For everyday matters — paying insurance, securing the house, minor repairs — a majority by share is generally enough. But the sale of the house itself, and similarly fundamental steps, require the consent of everyone. That is why it rarely fails on the law and almost always on the missing conversation. The exact majorities and formal requirements are explained by your lawyer or notary; our task is that you, as a family, reach a sound decision at all.
Three ways out of the community
A community of heirs is designed to be dissolved — it is not meant to last forever. As a rule, three ways lead out: one person takes over the house and pays out the others; the heirs sell together and share the proceeds; or, as a last resort, the partition auction. Which path fits your family — and what it means — we have set out calmly side by side in a separate article: Buyout, takeover or sale.
If you disagree
Differing views are normal — they only destroy wealth and relationships when no one orders the conversation. Behind “sell” or “keep” there is often something else: worry about a share, a childhood memory, the feeling of being passed over. We moderate the family agreement before any sale is decided, and make sure every voice is heard first. First peace, then the matter. More on this under Services.
The partition auction — and why it is rarely the best path
Any co-heir can apply for a partition auction to dissolve the community. That sounds like a solution but is usually the costliest: the court sets the pace, the proceeds often fall below what an orderly sale would have brought, and the rift in the family remains. There is almost always a calmer path if you talk to one another early enough. How to avoid it, read under Avoiding a partition auction.
Taxes and deadlines — a sober overview
Some deadlines run early, such as notifying the tax office of the inheritance (as a rule within three months). The amount of any inheritance tax depends on the family relationship, allowances and value. That is a matter for tax advice — we do not name figures off the cuff, but make sure the tax questions reach the right people in good time and that you do not come under pressure through lack of knowledge.
Sell or keep?
Either may be right. We help you weigh the consequences honestly — value, costs, taxes, the wish to keep the family home — without pushing you in one direction or the other. If the family decides to sell, we handle the marketing in a clean, separate phase: first the agreement, then the market.
Terms, clearly explained
- Community of heirs (Erbengemeinschaft)
- When several people inherit together, they automatically form a community of heirs. About an inherited house they can decide only jointly.
- Certificate of inheritance (Erbschein)
- An official certificate from the probate court that names the heirs and their shares — often needed to deal with accounts and the land register.
- Compulsory portion (Pflichtteil)
- Close relatives are entitled to a minimum share of the estate, even if they were passed over in the will.
- Partition auction (Teilungsversteigerung)
- The court-ordered forced sale of a jointly owned property when the heirs cannot agree — usually with a marked loss of value.
Frequently asked questions
- Can we sell the house if not everyone agrees?
- No. A community of heirs can decide about a property only together. Before any sale, a shared decision must be in place — otherwise, in the worst case, a partition auction looms.
- What is a partition auction?
- The court-ordered forced sale of a jointly owned property when the heirs cannot agree. It usually yields markedly less than an orderly sale and can almost always be avoided.
- How quickly must we decide?
- About the house itself you almost always have time. What is time-critical are deadlines such as notifying the tax office (as a rule within three months). A certificate of inheritance, too, often takes several months even in uncontested proceedings — so you lose nothing if the family first reaches an understanding in calm.
- Can a single co-heir pay out the others?
- Yes, and it is often the calmest path: one person takes over the house and pays out the others. The precondition is a fair, transparent valuation — and that everyone agrees. We help you examine this route.
- Do we need a lawyer or an estate agent?
- Often both — at different times. Legal questions (certificate of inheritance, compulsory portion, contracts) belong with the lawyer or notary. We moderate the agreement within the family; the later marketing we take on if you decide to sell.
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Related life situations
An inheritance rarely stands alone.
These questions often interlock — with the same people and the same house.
Moving into care & financing it
Right-sizing your home
Gifting or bequeathing
Your next step.
You need not decide anything today. If you wish, we will first simply order your situation — anonymously and without obligation. This guide gives orientation and does not replace legal or tax advice.