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Community of heirs: when the heirs cannot agree

Several heirs inherit jointly. Until the estate is distributed, they have to decide many things together. This often sparks disputes.

What a community of heirs means

If someone leaves several heirs, the estate belongs to them jointly (§ 2032 BGB). No co-heir can dispose of individual items alone, for example sell the house or close an account (§ 2040 BGB). The heirs decide on ongoing administration by a majority according to their inheritance shares; for necessary measures, a single co-heir may in individual cases act alone (§ 2038 BGB).

Typical points of dispute

A co-heir lives in the parental home and pays no compensation for its use.
A co-heir held a power of attorney and is said to have withdrawn money from the account.
Siblings received money or land during the deceased's lifetime that must be equalised (§§ 2050 ff. BGB).
A child cared for the parents for years and demands compensation (§ 2057a BGB).
The heirs cannot agree whether the property should be sold or taken over by one heir.

Ways out of the community of heirs

In principle, every co-heir can demand the division of the estate at any time (§ 2042 BGB). In practice, a division agreement (Auseinandersetzungsvertrag) has proved effective, with which the heirs divide the estate or pay out one co-heir. A co-heir can also sell their share of the inheritance; the other heirs then have a right of first refusal (§§ 2033, 2034 BGB).

Partition auction as a last resort: If the estate includes a property, any co-heir can apply for it to be auctioned (Teilungsversteigerung). The proceeds are often well below market value. But the mere possibility changes the negotiating position, and we use this deliberately.

How we proceed

We give you clarity about the estate, the shares and equalisation obligations, demand information and accounting, negotiate with the co-heirs and draft the division agreement. If no agreement is reached, we represent you in the partition proceedings and in court.