Inheritance & Family
Erbengemeinschaft (community of heirs) — dissolution, siblings, real estate, auction
The Erbengemeinschaft is statutorily designed for dissolution (Auseinandersetzung) — but in practice often becomes the most conflict-laden legal construct of the German Erbrecht. Main guide on dissolution strategies plus four detail answers on sibling conflicts, real estate, selling an Erbteil and the Teilungsversteigerung as last resort.
The main guide
Dissolving an Erbengemeinschaft 2026: 4 Strategies Compared
Dissolving an Erbengemeinschaft (community of heirs, §§ 2032 ff. BGB): 4 proven strategies for the Auseinandersetzung (partition / division of estate) with costs, taxes and practical examples. Explained by a German tax advisor.
Read the full guideDetail answers
Concrete case constellations and detail questions around Erbengemeinschaft — building on the main guide.
Erbengemeinschaft Among Siblings 2026: Conflicts, Strategies, Taxes
An Erbengemeinschaft (community of heirs, §§ 2032 ff. BGB) among siblings is the most common conflict source in inheritance law. Typical dispute scenarios, solution strategies and tax consequences — explained by a German tax advisor.
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Erbengemeinschaft With Real Estate 2026: Dissolve, Sell, Take Over
When a property is part of the estate, most conflicts arise. Strategies for dissolution: sale, takeover by one Miterbe or Teilungsversteigerung (judicial partition by auction) — with tax consequences.
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Selling Your Erbteil 2026: Buyers, Prices, Right of Pre-emption of Co-heirs
When the co-heir community is blocked, the individual Erbteil (share in the estate) can be sold. The truth about prices (typically 30-50 percent below value), buyers, right of pre-emption and tax consequences.
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Teilungsversteigerung of the Erbengemeinschaft 2026: When a Co-Heir Blocks
When a co-heir blocks the dissolution of the Erbengemeinschaft, the only remaining route is Teilungsversteigerung. Here the process, the costs, the proceeds — and why it should only ever be the last option.
Read moreFrequently asked questions
The questions clients ask most frequently in advisory work around Erbengemeinschaft.
How does an Erbengemeinschaft arise?
Automatically by law when several heirs inherit — by Testament, Erbvertrag or statutory succession (§ 2032 BGB). The Erbengemeinschaft is a Gesamthandsgemeinschaft (joint-ownership community): no heir owns specific objects, all decisions require unanimity.
How do I get out of an Erbengemeinschaft?
Three routes: (1) Erbauseinandersetzung by contract (notarised for real estate), (2) sale of one's own Erbteil to a co-heir or third party (§ 2033 BGB), (3) Teilungsversteigerung of real estate as last resort. Routes 1 and 2 are economically sensible — route 3 regularly destroys value.
Can I sell my Erbteil?
Yes (§ 2033 BGB), but co-heirs have a pre-emption right (Vorkaufsrecht) under § 2034 BGB for 2 months. The Erbteil sale is the silver bullet when one heir wants out and the others cannot or do not want to buy: a third-party buyer takes over the position and continues the conflict.
What is a Teilungsversteigerung — and when is it the last resort?
Forced auction of real estate to dissolve the Erbengemeinschaft (§ 180 ff. ZVG). Every co-heir can apply for it. Disadvantage: regular value loss of 20 to 40 percent compared to free-market sale. Use only when amicable dissolution has demonstrably failed.
Structure your concrete situation
In the initial consultation we clarify your wealth and family situation, examine the suitable strategy and develop a concrete roadmap — without legal idling.
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