Community of heirs
Several heirs cannot agree on a sale, a takeover or a buy-out.
Community of heirs · separation · co-ownership
Property valuation for partition auctions
In a partition auction, the market value set by the court can be decisive. I determine the value independently or review the court’s valuation, so that you have a sound basis for your decisions.
Jens Krüger · Let’s talk: +49 172 868 5666
If co-owners cannot agree, the co-ownership of a property can be dissolved through a partition auction (Teilungsversteigerung) – for example in a community of heirs or after a separation. A great deal then depends on the market value: the court sets it, bidders take their cue from it, and for the parties it is the basis of every decision.
Full market value report from €2,599 · review and statement by quotation
Prices incl. VAT; the starting price applies to flats and detached and two-family houses with up to 160 m² of living area under normal valuation conditions. No legal advice – procedural questions and deadlines are for your lawyer.
What is a partition auction about?
If a property belongs to several people jointly and they cannot reach agreement, the co-ownership can be dissolved by auction. The legal basis is §§ 180 et seq. of the German Act on Compulsory Auction and Receivership (ZVG). The whole property is auctioned; the proceeds take its place.
Separation and divorce
Spouses or partners own a property jointly and cannot find an amicable solution.
Other co-owners
Siblings, business partners or other co-owners want to end the co-ownership.
A partition auction is often not the goal, but a means of applying pressure or a last resort. That is exactly when a clearly reasoned value helps to reach agreement on a takeover or sale after all.
What role the market value plays in the proceedings
In the auction proceedings, the enforcement court sets the market value (§ 74a(5) ZVG). This is generally based on the report of an expert appointed by the court. Among other things, the value set is the reference figure for the statutory value thresholds at the auction hearing and a guide for bidders.
The parties can comment on the report, and the setting of the market value can be challenged by way of appeal. Short deadlines apply. Whether and when such a step makes sense is for your lawyer to assess; my job is to provide the professional basis for it.
If the court-appointed expert was unable to inspect the inside of the building, the report is partly based on assumptions. That, too, can be a reason to have it reviewed professionally.
How I can support you
Full market value report for the parties
from €2,599
An independent valuation of your own – before the proceedings as a basis for negotiating a takeover or sale, during the proceedings as a benchmark against the court-appointed valuation.
Review of the court-appointed valuation
individual quotation
Plausibility review of input data, condition, valuation inputs and result, with a written expert statement on request.
Expert statement
individual quotation
Specific valuation questions set out transparently, for example as a basis for your lawyer.
Economic basis for decisions: a robust value helps with the questions of whether a takeover is worthwhile, what offer to the co-owners is appropriate or up to what amount a bid of your own would make economic sense. You make the decision; I provide the figures and the reasoning behind them.
What is examined when reviewing a court-appointed valuation
- Property description, floor areas and plot data
- Basis of the condition assessment – with or without an internal inspection
- Choice of valuation method and model consistency of the data used
- Land value, market adjustment factor, property yield, rents and operating costs
- Remaining useful life and special property-specific characteristics
- Rights and encumbrances and the overall plausibility of the result
Independent valuation, no legal advice
I am not the expert appointed by the court, but am instructed by one or more of the parties. The valuation nevertheless remains independent: the result follows the property, not the interests of the client.
Questions about the proceedings – such as applications, stays, appeals or deadlines – are legal questions. They belong with your lawyer.
Frequently asked questions about valuation in a partition auction
Can I have the court’s valuation reviewed?
Yes. I check whether the input data, valuation inputs and result are comprehensible and, on request, set out the result in a written statement. How it is used in the proceedings is something to discuss with your lawyer.
Does a report of my own help to avoid the auction?
It can create the basis for an agreement, for example a takeover by one party or a joint sale. Whether that happens depends on the parties.
What if the inside of the property could not be inspected?
The condition assessment is then based on the external impression and assumptions. How this may affect the value is a typical review point.
Can I bid myself as a co-owner?
In principle, co-owners can bid. Up to what amount is your decision; a well-founded value helps you set an economically sensible limit. Your lawyer will clarify the legal details.
How quickly do I need to act?
Short deadlines apply in the proceedings. Please contact me as early as possible, so that the review or report is available in time.
Typical situations: property valuation for inheritance · property valuation for divorce and accrued gains.
Is a partition auction looming or already under way?
Briefly describe the property, the parties involved and the stage of the proceedings. I will tell you which support makes sense, and you will receive a specific quotation.
Let’s talk.You speak directly to me: +49 172 868 5666