An inherited house with three heirs: can one heir buy out the others without their consent?
Published 13 November 2026
No, one heir cannot purchase other heirs' shares without their consent because no one is obliged to sell their share of the property. The law offers only a mutual agreement or, as a last resort, court proceedings to terminate shared ownership. Below we explain pre-emption rights between heirs, when they no longer help, and what options you have.
Summary
- No one can be forced to sell their share; purchasing shares always requires an agreement with the owner.
- General pre-emption rights for co-owners were abolished in 2020; for inherited shares, pre-emption rights last only six months from the creation of co-ownership (§ 1124 of the Czech Civil Code No. 89/2012 Sb.).
- Pre-emption rights protect against selling shares to a third party, but do not oblige other heirs to sell to you.
- If agreement fails, your only option is to sue for termination of co-ownership in court; however, the outcome is not guaranteed.
- Ownership transfers only upon registration in the Czech Land Registry (Land Registry Act No. 256/2013 Sb.).
Why you cannot buy a share without consent
An inherited share can only be purchased from someone willing to sell it. After probate proceedings conclude, each of the three heirs becomes a co-owner and decides independently about their share.
The Czech Civil Code No. 89/2012 Sb. is based on freedom of contract: a purchase agreement arises only through mutual agreement of both parties. No provision gives one co-owner the right to force others to sell their share to them, nor at any price they consider fair.
If therefore two of the heirs do not wish to sell, you cannot acquire their shares simply because you want them. You may offer them a price and explain your reasons, but the decision remains theirs.
How pre-emption rights work between heirs
Pre-emption rights protect heirs against third-party buyers, but do not allow them to force other heirs into selling. These are often confused.
General pre-emption rights for co-owners were abolished in 2020. For inherited shares, special rules apply under § 1124 of the Czech Civil Code No. 89/2012 Sb.: pre-emption rights last only six months from the creation of co-ownership.
- What it provides: if one heir sells their share to a third party within this period, the other heirs have the right of first refusal to purchase it on the same terms.
- What it does not provide: the right to force someone unwilling to sell to do so.
- When it ends: after six months from the creation of co-ownership. Thereafter, any co-owner may sell their share to anyone without offering it to the others.
Practical consequence: after the deadline expires, a third party or company can become a co-owner by purchasing the share. If you want the house for yourself, it is wise to act promptly.
What options do you have to acquire the house
The most practical approach is to reach an agreement with the other heirs, ideally during the probate proceedings. The heirs may agree that the house goes to one of them and the others are paid out for their share.
- Agreement on distribution of the estate. You take over the house and pay the other heirs their share of the value. It is advisable to substantiate the value with an expert valuation report so no one feels disadvantaged.
- Purchase agreement for the shares after probate concludes. The agreement to transfer shares is registered with the Czech Land Registry (katastr nemovitostí). You become the owner only upon registration (Land Registry Act No. 256/2013 Sb.).
- Court termination of co-ownership. If agreement fails, you may petition the court under § 1140 et seq. of the Czech Civil Code No. 89/2012 Sb. to terminate and settle co-ownership. The court may divide the property, assign it to one co-owner with compensation to the others, or order a sale and distribute the proceeds.
Court proceedings are lengthy and the outcome is unpredictable. The house may end up being sold in its entirety rather than going to you. That is why agreement is usually more advantageous for all parties.
When it becomes difficult or impossible
Complications often arise when a share is encumbered or when heirs cannot agree on the price.
- Debt on the share. If one heir's share is pledged or subject to enforcement proceedings (Enforcement Code No. 120/2001 Sb.), this must be resolved during the purchase. Check the register of ownership and pay the creditor or include them in the agreement. More information can be found on the page Buying out property with mortgage or debt.
- Unavailable person. An heir abroad or without contact delays signing; this can often be resolved with a power of attorney with officially certified signature.
- Price dispute. If you cannot agree on the value of the house, an independent expert valuation report will help.
- Lack of funds. Other heirs are not obliged to wait for you to arrange financing.
What if the heirs won't sell and you lack funds
Immediate buy-out is not a tool for acquiring other heirs' shares, but a way to sell the entire house if all agree to it. It is good to be clear about this.
A buy-out company typically purchases the entire house from all co-owners at once, so it requires the consent of all three heirs. In practice, three scenarios are possible:
| Scenario | What is possible |
|---|---|
| All three are willing to sell the house | Sale of the entire property to the buyer; funds are divided according to shares. |
| One wants the house; others want to be paid out | Agreement on payment, possibly with own financing; buy-out is not relevant. |
| Two do not want to sell anything | Without their consent, you cannot buy shares or sell the house; negotiation or court remains. |
If the heirs agree to a joint sale, the process is straightforward. An offer arrives within 24 hours, in writing and non-binding. Contract signing and deposit typically occur within 1–3 days; registration with the Czech Land Registry takes approximately 3–4 weeks; final payment arrives within 5 days of registration from attorney's escrow. Details are described on the page How property buy-out works and more generally on Selling inherited property. A similar process with three heirs is shown in a case study.
Payment, registration, and taxes: what to watch for
When purchasing a share, ensure payment is cashless and that registration with the Czech Land Registry occurs, as these secure your ownership.
- Cash payment is limited to CZK 270,000 per day (Act No. 254/2004 Sb.). A legitimate transaction proceeds cashless, preferably via attorney's escrow.
- Ownership transfers only upon registration. The cadastral office must not decide before 20 days after notifying the owner; average registration time is approximately 22 days (Land Registry Act No. 256/2013 Sb.).
- Property acquisition tax was abolished by Act No. 386/2020 Sb.
- Selling heirs may face income tax considerations (Tax Code No. 586/1992 Sb.); factors include the time held or use as primary residence. Verify your specific situation with the Tax Administration or a tax advisor.
What to do now
First, find out the other two heirs' position on selling and gather the necessary documents.
- Obtain a current extract from the Czech Land Registry and probate proceedings documents or confirmation of inheritance.
- Check whether the house or any share is encumbered by a mortgage, enforcement action, or servitude.
- Agree with the others on the valuation method, ideally using an expert report.
- Decide whether you want to acquire the house yourself or sell it jointly.
- For a joint sale, complete the form below the article. You will receive a non-binding offer or assessment in writing, and no one will pressure you. Further answers can be found in Frequently Asked Questions.