What does the compulsory share mean for an inherited house?

As at: June 2026 · ← back to the guide

The answer first. The compulsory share is directed at money, not at a share in the house. A person entitled to it does not thereby become a co-owner and cannot move in — but can demand a payment. Where the wealth lies mainly in the property, this is above all a question of liquidity, which can be settled calmly with a little lead time.

Close relatives are entitled to a minimum share of the estate, even if they were passed over in the will. Those entitled to the compulsory share are, as a rule, the children (and, in their place, their children), the spouse and — where there are no descendants — the parents. In amount, the compulsory share corresponds to half the value of the statutory share of inheritance.

It is a monetary claim against the heirs, not ownership of individual items. Whoever asserts it therefore demands a payment — not the house, not the car, not a particular room.

Because the compulsory share is directed at money, it initially changes nothing about who owns the house. The entitled person does not become part of the community of heirs and cannot have a say over the property. The claim becomes tangible only when it has to be quantified and paid out.

For the heirs this means: the house stays in their hands, but they must raise the payment. This is precisely why the compulsory share is less a question of ownership than of liquidity.

If the estate is essentially the house, paying out the compulsory share can become a challenge. Sometimes it can be borne from existing means or through financing; sometimes a staggered payment is the calmer path; and in some cases an orderly sale is, in the end, sensible after all. For valuing the property, the market value is generally decisive.

What matters is to do the arithmetic early rather than come under pressure. Whoever takes the possible claim into account from the start keeps the choice between the paths — instead of having to sell in haste at the end.

And: seeking the conversation with the entitled person is usually wiser than sitting the claim out. Ignored, it often escalates; handled openly and underpinned by a fair valuation, it can frequently be settled by agreement and without an emergency sale. Whoever plans in good time keeps the choice of whether the house stays in the family.

So that the compulsory share can be quantified at all, it must be clear what belongs to the estate and what it is worth. A person entitled to the compulsory share can demand information from the heirs about the composition of the estate — often in the form of an inventory of the estate. For the property, the market value is generally decisive here.

A transparent, fair valuation is therefore not a mere formality, but the basis on which everyone involved can come to terms. Drawing it up early and cleanly clears later conflict out of the way.

Where spouses appoint each other as sole heirs and the children only for the second death — often called a joint spousal will (“Berliner Testament”) — the children are at first disinherited on the first death. They can then claim their compulsory share, which can unexpectedly affect the surviving parent if the wealth lies mainly in the shared house.

Many such wills contain clauses meant to soften this. How they work in the individual case is clarified by the lawyer or notary — it is precisely here that an early expert view is worthwhile.

Gifts that the deceased made during their lifetime can increase the compulsory share if they were made within ten years before the inheritance — decreasing pro rata with each year. This is called supplementary compulsory share. Whether and to what extent it applies depends on the individual case.

The claim itself is also subject to a time limit. The regular period is three years; it begins, however, not on the day of death but according to statutory rules. The exact calculation in the individual case belongs in a lawyer’s hands — do not rely on rules of thumb here.

This article provides orientation and does not replace legal or tax advice; in your individual case, those entitled to give it — a lawyer, notary or tax adviser — will clarify it.