HOW CAN INDIVISION BE BROKEN?
Often composed of heirs, indivision offers several advantages but sometimes also a lot of hassle.
First of all, what is indivision?
It is the collective ownership of real estate held by co-owners. Often, after the death of the parents, the heirs find themselves collectively owners of a property. These people then simultaneously own the same house or apartment. This is called indivision. Some, perhaps you, find indivision too difficult to manage and want to get out of it. It is your right, since the law specifies it, "no one may be forced to remain in joint ownership" and that "partition may always be provoked" (Civil Code, article 815).
Three solutions are available to you to get out of it:
Sharing amicably first.
One of the co-owners buys the share of another co-owner. The co-owners shall determine together and freely the terms of partition. A notarial deed must then be made and published. The share may also be transferred to a purchaser outside the joint venture but in this case, the other co-owners have a right of pre-emption on the share sold.
Common exit from the indivision by the sale of the property.
All the co-owners agree to get out of the indivision. Carried out amicably at the notary or before the court of first instance if there is disagreement, the operation consists in splitting the sale price between the heirs in proportion to the share of each.
If one of the co-owners opposes the exit from the joint ownership, it will then be necessary to take steps and ask the court of first instance for authorization to sell an undivided property. This action can only be requested if the co-owners wishing to remove it from the joint ownership represent at least 2/3 of the undivided rights. The process can be long since in practice, the majority must first express its intention before a notary. The latter has one month to notify the other co-owners of the will to leave the indivision. Then, for a period of 3 months, the other co-owners can oppose this exit.
If at the end of this period, there is no opposition, the notary then draws up a report. If necessary, the court may then be seized to obtain authorization to sell the undivided property at auction, if this does not excessively infringe the rights of the other co-owners (Article 815-5-1 of the Civil Code). This then leads to a risk of a significant discount of the property. It is the tribunal de grande instance (TGI) of the location of the building or the place of opening of the succession that is competent.
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