Reviewing a co-ownership share
Clarify share, use and partition before bidding.
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How to assess a creditor auction of a co-ownership share
In a creditor auction of a co-ownership share, the procedure, share and actual use must be reviewed separately.
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BRANDAUER Rechtsanwälte
Salzburg law firm for real estate, corporate law and civil proceedings
We review the court file and property documents, explain the likely legal and financial consequences, and agree the next step with you.
14 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
A co-ownership share is a legal quota, not automatically a particular room or flat.
Creditors and bidders should read the enforcement file, land register and evidence of use together.
How to assess a creditor auction of a co-ownership share
Which point still needs checking?
In a creditor auction of a co-ownership share, the procedure, share and actual use must be reviewed separately.
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Overview of all outcomes.
Reviewing a co-ownership share →
Partition auction versus creditor auction
Distinguish the procedures and their effects.
Land register and encumbrances
Reconcile entries before the hearing.
A share is not a particular part
A share is not a particular part
Sections 828 and 829 ABGB distinguish a share from exclusive use of a particular part. Exclusive use needs a separate legal basis.
Creditor auction of the share
Creditor auction of the share
The title, share, property and land-register data must match.
Bidder risk and the land register
Bidder risk and the land register
Buying a quota does not automatically make the bidder owner of a particular flat.
Distinguishing a partition auction
Distinguishing a partition auction
Creditor and partition auctions pursue different objectives and must not be mixed.
Review matrix
How to assess a creditor auction of a co-ownership share
In a creditor auction of a co-ownership share, the procedure, share and actual use must be reviewed separately.
| Field | Key question | Evidence |
|---|---|---|
| Case | Which question is open? | Evidence |
| File | What has been established? | Court file |
| Next step | Which decision is pending? | Order and documents |
Process
How to assess a creditor auction of a co-ownership share
In a creditor auction of a co-ownership share, the procedure, share and actual use must be reviewed separately.
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Secure the file
Organise edict, order and land register.
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Check conditions
Clarify procedure and legal basis.
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Separate risks
Do not mix use, encumbrances and financing.
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Set the next step
Only then assess application, bid or sale.
Important: A co-ownership share is not automatically a particular flat or half of a building.
FAQ
Frequently asked questions
Can a co-ownership share be auctioned? +
It may be possible in a creditor auction. The specific file, title and land register govern.
Does the bidder acquire a particular flat? +
Not merely by acquiring a quota. Particular use requires its own legal basis.
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Topics
Gläubigerversteigerungcreditor auctionpovjerilačka dražba
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