Partition auction: how it begins, what it costs, how it ends

Checked on 11.11.2026

Translated from German. Where anything differs, the German text counts: Deutsche Fassung

When heirs cannot agree about a house, this word comes up sooner or later. For some it is a threat, for others the last way out.

What generally applies

The application. Any heir can apply to the local court in whose district the land lies for an auction to dissolve the community (§ 180 ZVG). The others' consent is not needed.
The value. The court has an expert estimate the market value. It is the basis for the proceedings, not the price at which it sells.
The auction. Anyone may bid, including the heirs themselves. The proceeds, after costs, go to the community of heirs; they are then divided like any other estate.
Duration and costs. Proceedings often take a year or longer. The court, the valuation and, if instructed, the lawyers cost money. The proceeds are often below what a free sale could bring, but not always.
The end. The application can be withdrawn, and the heirs can still agree at any time. In some cases an heir can apply to suspend the proceedings for a while.

Whether a partition auction is possible in your case, what it would cost and what its consequences are is for a lawyer to assess.

Work out the options beforehand. What would remain after a free sale, a takeover, an auction with lower proceeds? The differences are often larger than the dispute.
Document what was tried. Which proposals there were, who agreed and who did not.