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.