This article is for general information purposes only and does not constitute legal, tax, or financial advice, nor a valuation in an individual case. Despite careful research, we assume no liability for accuracy, completeness, and timeliness. For specific questions, please consult a lawyer or tax advisor. Older content may be outdated due to changes in legislation or case law.
In practice, it is advisable to jointly engage an independent, publicly appointed valuer at an early stage to establish a valuation basis that is comprehensible and accepted by all parties.
If this attempt also fails, the partition auction remains the last resort, in which the property is sold off by force – usually at a price below its actual market value.
Since a partition auction can be financially disadvantageous for all parties involved, a well-founded appraisal report often serves specifically to avoid this procedure.
Before a partition auction takes place, the probate court or a valuer jointly commissioned by the co-heirs can often prepare an amicable solution, for example by proposing a settlement payment to the co-heir wishing to withdraw.
The local court, acting as the enforcement court at the location of the property, is responsible for the partition auction; experience shows that the process takes several months and involves additional costs.