A community of heirs is often a forced community: several heirs jointly own the estate and can only decide together. Anyone wanting to avoid lasting disputes or a costly partition auction has an elegant option, selling their own share of the estate.
What does "selling your share" mean?
You do not sell individual estate items but your entire share in the community of heirs, with all rights and obligations. The buyer takes your place in the community. You are out and receive the purchase price.
You do not need the co-heirs' consent
You can generally decide to sell your share on your own, the other co-heirs do not have to agree. This makes the sale an effective way out when the community is blocked.
⚠️ The sale of an estate share must be notarised. The co-heirs also have a statutory right of first refusal: they can buy on the same terms within two months.
Sell the share or partition auction?
Both routes lead out of the community. Selling the share brings money quickly without a lengthy procedure, though often at a discount, as the buyer takes on the risk of the division. The partition auction targets a specific property, takes longer and often also achieves below-market values.
Dispute over an estate property? Compare the partition auction and get advice on the community of heirs.