Does a Co-owner Need to Consent to the Sale?

When two siblings disagree after an inheritance—one wants to sell the apartment and the other wants to wait—the most frequent question is simple: does a co-owner have to consent to the sale? The answer is not the same in every situation. It mainly depends on whether you are selling only your co-ownership share or if the entire property is to be sold.

This is often where the most confusion arises. Owners are frequently dealing with more than just the apartment or house itself; they are navigating related life situations such as post-divorce settlements, inheritances, financial pressure, or the simple need to find closure. The longer it remains unclear what can be done without another person's consent, the more easily a sale becomes stalled.

Does a co-owner have to consent to the sale of the entire property?

If the entire property—such as an apartment, house, or land—is to be sold as a single unit, the consent of all co-owners is generally required. This makes practical sense. No one can unilaterally decide to sell a part that they do not own.

If you own half of an apartment and your ex-partner owns the other half, it is not enough that you have a good reason to sell. A buyer typically wants to acquire the entire property, not enter into a complicated relationship with another co-owner. Without an agreement from both parties, the sale of the whole property usually does not progress.

In practice, this means one thing: if you want to sell the whole unit, you need to align on price, timeline, move-out procedures, and the basic terms of the contract. Disagreements are rarely just about whether to sell, but rather at what price, to whom, and when.

When you do not need consent

A different situation occurs if you are not selling the entire property, but only your co-ownership share. This share belongs to you, and in general, you can dispose of it. This means you can offer your share for sale even if the other co-owner does not agree.

However, this does not mean such a sale is simple. Selling a share is usually significantly more complex than selling an entire apartment or house. The buyer is not purchasing an independently usable property, but rather a share in ownership. They often acquire a potential future dispute, uncertainty regarding usage, and the need for further agreements with the other co-owner.

Legally, you may be in a position where you do not need consent, but commercially, you will encounter reality. A share is usually harder to sell, sometimes at a discount, and often only to a limited circle of interested parties. For an owner who wants to resolve the situation calmly and without further complications, this may not be the best first option.

The difference between selling a share and selling the whole property

It is good to clarify this boundary right at the beginning. When one co-owner says “I want to sell,” they may mean two completely different things.

The first option is that they want to sell their share and exit the co-ownership. The second is that they want the entire property sold and the proceeds divided according to shares. From the outside, it sounds similar, but the process, negotiations, and risks are different.

When selling a share, you are mainly dealing with who would buy such a share and under what conditions. When selling the whole, the agreement of the co-owners is key. If one person is blocking progress, advertising alone will not solve anything. Without a joint decision, the deal will not take off or will end at the stage where the buyer loses confidence.

What if the other co-owner does not agree?

Disagreement does not always mean a definitive stop. Often, behind it is not just a hard “no,” but fear regarding the price, move-out dates, an unknown process, or a feeling that someone is being pushed into a quick decision. This is typical after an inheritance or during a divorce. At such a moment, it helps not to focus immediately on the signature alone, but first to establish a basic framework: What is a realistic sale price? What happens after the sale? What is the schedule? Who will prepare the documents? Who will communicate with potential buyers? This is where the situation often calms down, as an vague conflict turns into a concrete plan.

Right of first refusal and other restrictions

Owners often ask about the right of first refusal. Rules have changed in recent years, which is why there is confusion. It is best to verify specific circumstances and the current legal status, as simply relying on old advice or past experiences may be misleading. It is crucial to work with what applies to your specific property right now. Taking the time to get documents in order and verifying what is officially registered will save time and prevent unnecessary conflicts.

When agreement is not reached but you want to avoid hasty steps

In a tense situation, it is tempting to say: I will sell my share to anyone and have peace. Sometimes this is a legitimate solution, but often it leads to further deterioration of relationships and loss of value. It is reasonable to first evaluate if there is a chance to sell the entire property under clearly defined conditions. If an agreement cannot be reached, it is good to separate emotions from the process. Sometimes an independently set price valuation or an exact schedule of steps can help. Once both sides know what is happening and what comes next, the room for argument shrinks.

How to proceed when handling a sale in co-ownership

First, clarify exactly what you want to sell—your share or the entire property. Then, ascertain three things: the ownership status, a realistic price, and which scenario is feasible given the other co-owner's position. Only then does it make sense to deal with presentation, buyers, and timelines. When selling the entire property, it is important to proceed in an organized manner from the start. Having one managed process in place ensures clarity on who prepares documents, how decisions are confirmed, and what follows each step, helping to maintain communication and keep the situation from worsening.

The most common mistake: believing owning a share means you decide everything

This is a mistake that can draw out a process for many months. Owning a share does not grant the right to sell the entire apartment or house independently. Likewise, the disagreement of the other co-owner does not mean nothing can be done. Between these two extreme ideas, there is room for several solutions. Starting with clarity—not pressure—is the first good step.