If co-owners cannot reach an agreement (for example, after separation/divorce or within an inheritance community), a forced sale is often used as leverage. An objective assessment is crucial: In most cases, a forced sale can only be definitively averted through an agreement (e.g., takeover, buyout, or sale on the open market). However, it is often possible to delay the proceedings to conduct negotiations, secure financing, or prepare for an orderly sale.
1) Temporary suspension pursuant to Section 180 Paragraph 2 of the German Enforcement Code (ZVG).
The court can temporarily suspend the proceedings for up to six months; a one-time extension is possible. This decision is always based on a balancing of the interests of all co-owners.
Typical arguments (the more concrete the evidence, the more convincing):
- advanced settlement or takeover negotiations (drafts, dates, correspondence),
- serious financing efforts (bank meetings, requested documents, indicative commitments),
- Ongoing private sale with realistic prospects of success (brokerage agreement, exposé, viewings, interested parties),
- Significant financial disadvantages are imminent if the property is auctioned immediately despite foreseeable alternatives.
Practical tip: The success of the application depends entirely on reliable evidence.
“I need time” is not enough – the crucial questions are: What for, how long, and with what concrete plan?
2) Temporary Suspension Pursuant to Section 180 Paragraph 3 of the German Code of Civil Procedure (child Welfare)
If the property in question is the family’s previous residence, Section 180 Paragraph 3 of the German Law on Compulsory Auctions (ZVG) also applies. A stay of proceedings is possible if the auction would endanger the welfare of any children the family has together.
The requirements are high: A concrete threat (psychological, social or physical) is required, not merely general stress caused by a move.
Courts examine in particular:
- Continuity of school/daycare, therapies or medical care,
- realistic possibilities of finding suitable temporary accommodation in the surrounding area in the short term,
- expert opinions (e.g. from treating bodies) and verifiable facts.
3) Immediate appeal against the valuation of the property
In a later stage of the proceedings, the market value is determined based on an expert opinion. An immediate appeal can be filed against this decision. This often also serves as a time buffer, as the regional court reviews the objections and, if necessary, refers the case back to the local court.
Typical Starting Points:
- Methodological Errors in the Expert Report (condition, Area, Comparative Values, Rights and Encumbrances),
- Incomprehensible value judgments or a lack of engagement with objections,
- Outdated valuation principles in a significantly changed market environment.
4) Protection against enforcement pursuant to Section 765a of the Code of Civil Procedure
In exceptional cases, enforcement protection can also be requested in partition auction proceedings. This requires extraordinary circumstances where the auction would constitute an unconscionable hardship. This hurdle is deliberately set very high.
How can a partition auction be permanently terminated?
In practice, the proceedings usually end with an out-of-court settlement, for example:
- Payout to the other co-owners (takeover/purchase),
- Private sale with proceeds distributed according to co-ownership shares,
- Comparison of compensation for use, move-out deadlines and cost regulations.
What does that mean in concrete terms?
The most effective instruments are applications for suspension of proceedings pursuant to Section 180 of the German Code of Civil Procedure (ZVG) and objections to the market value.
Anyone who gains time must use it consistently: clarify financing, structure the sale, and prepare an agreement.
Here’s how to proceed:
- Check the current status of the proceedings (order, expert opinion, valuation),
- Gather Evidence (negotiations, Financing, Sales Measures, Child Welfare),
- Clearly justify applications: time period, objective, supporting documents.
If you wish, we at the law firm Cocron GmbH & Co. KG (Munich/Berlin) will examine the most tactically sensible steps and jointly develop the appropriate exit strategy (acquisition, settlement or private sale).
