ErbenakteA co-heir blocks the sale: what the options are
Checked on 11.11.2026
Translated from German. Where anything differs, the German text counts: Deutsche Fassung
Everyone agrees, except one person. Often there is no malice behind it but a different figure in mind, an attachment to the house, or the fear of being passed over.
What generally applies
As long as the estate is not divided, it belongs to all heirs together. They can dispose of land only together (§ 2040 BGB): a sale needs everyone's signature. At the same time every heir can in principle demand at any time that the estate be divided (§ 2042 BGB), unless a will excludes it.
The ways the law provides
None of them is recommended here; which one fits your situation depends on your case.
- An agreement. Sale, takeover by one heir with a payout to the others, letting or keeping. Sometimes the blockade dissolves once everyone sees the same figures.
- Selling one's own share. An heir can sell their share of the estate, notarised (§ 2033 BGB). The other heirs have a right of pre-emption (§ 2034 BGB).
- Mediation. A mediator helps with the conversation; you still decide.
- The partition auction. Without an agreement, any heir can apply to the local court to have the land auctioned (§ 180 ZVG). It often takes long and costs court and valuation fees; the proceeds are then divided.
Whether one of these ways is open in your case and what it costs is for a lawyer or a notary to assess.
What helps in the meantime
- Write down the reasons. What exactly bothers the person: the price, the timing, living there, trust? A reason can be discussed, a no cannot.
- The values side by side. Each value with its source: estate agent, valuation, land value. Often the dispute is about the figure, not about the sale.
- Record the running costs. What waiting costs and who pays it, with date and receipt.