Three heirs, three opinions, and a family meal that ends in a crisis meeting. Breathe: there are solutions.
One wants to sell quickly, another wants to keep the house, the third finds the price too low. Disagreements between heirs are the leading cause of deadlock in property inheritances. Yet there are solutions, from the gentlest to the firmest.
1. Establish the value objectively
Most disagreements are about the price. An independent valuation, based on actual sales in the area (DVF database) and on the condition of the property, puts everyone in front of the same figures. It defuses a great deal of tension.
For the valuation to be accepted, share the same documents with everyone: diagnostic reports, property tax, any quotes, recent photos. If an heir has doubts, a second independent opinion costs less than a year of deadlock. And the value used in the inheritance tax return is not necessarily the price at which the property will sell today.
2. Put the scenarios on the table
Selling as is, dividing the property, keeping part of it, renting it out in the meantime: each option has a cost, a timescale and an outcome (see also selling or dividing first in an inheritance). Presenting them clearly, with figures, helps each heir understand what they gain or lose in each case. The notary, or a mediator, can lead this discussion.
Think about the day-to-day accounts too. The charges (property tax, insurance, upkeep) are shared according to each person's rights. The heir who occupies the house alone owes, in principle, a compensation to the joint ownership (article 815-9 of the Civil Code). Setting these amounts down in black and white stops an old grievance from creeping into the discussion about the price.
No one can block things indefinitely.
3. Buying out the other shares
The heir who wants to keep the property can buy out the shares of the others, or the other way round. The transaction is carried out by the notary and is subject to a partition duty of 2.5%, calculated on the net value of the property being divided, not just on the shares bought out. It is often the solution that reconciles family attachment and the need for cash.
A fictitious example, calculated according to these rules. Three children inherit, in equal shares, a house valued at €300,000. The eldest wants to keep it: she pays her brother and her sister their share (this is the balancing payment, or soulte).
Worked example: buying out your brother's and sister's shares
| Balancing payment to the brother | €100,000 |
| Balancing payment to the sister | €100,000 |
| Partition duty (2.5% of €300,000) | €7,500 |
| To pay, excluding the notary's fees and costs | €207,500 |
If she borrows to pay the balancing payment, the bank will ask for the valuation and the draft deed: it is better to deal with this before promising a date.
4. The two-thirds rule, then court-ordered partition
If the deadlock persists, heirs holding at least two thirds of the rights can request the sale (article 815-5-1 of the Civil Code, explained in detail in what to do when an heir refuses to sell).
This route is not always open. It is closed if ownership of the property is split, for example when the surviving spouse has the usufruct, or if an heir is absent or unable to express their wishes.
In other cases, the procedure goes as follows:
- Before a notary, the majority heirs state their intention to sell.
- Within one month, the notary serves notice of it on the others, who have three months to object.
- In the event of objection or silence, the notary draws up an official report.
- The court (tribunal judiciaire) may authorise the sale if it does not excessively infringe the rights of the others. The sale then takes place by auction.
The law of 7 April 2026 added two tools. The president of the court can now authorise one heir to sign the sale of a jointly owned property alone, when urgency and the common interest justify it (article 815-6 of the Civil Code). And in a court-ordered partition, the judge in charge of the partition can settle disputes and order the necessary sales.
As a last resort, any heir can indeed request a court-ordered partition, after showing that an amicable partition has been attempted. It often ends in a sale by auction, at an uncertain price. These procedures are long and costly: their main purpose is to remind everyone that no one can block things indefinitely.
In the meantime: organising the joint ownership
A joint ownership agreement, signed before a notary, organises the management of the property (charges, upkeep, possible letting) while a solution is being sought. It prevents every decision from becoming a conflict.
Mistakes to avoid
- Letting the property deteriorate during the conflict: each heir can take, alone, the measures needed to preserve it (article 815-2 of the Civil Code), such as repairing a leak.
- Signing a sale mandate without everyone's agreement: selling a jointly owned property requires unanimity, unless the court authorises it.
- Forgetting the inheritance tax return: it is due within six months of the death (in France), even if the family does not get along, or late-payment interest applies.
- Starting with the court: the legal route is expensive and takes time. It can be prepared, but it does not replace a genuine attempt at agreement.
Our approach
We bring an outside, figures-based view of the property and its possibilities. The legal side remains the notary's; our role is to help the family decide on a concrete basis. See also our page on selling an inherited property.
Frequently asked questions
Can an heir block the sale indefinitely?
No: the two-thirds rule (article 815-5-1 of the Civil Code), authorisation by the judge and court-ordered partition provide ways out of the deadlock.
How much does it cost to buy out an heir's shares?
On top of the price of the shares, a partition duty of 2.5% calculated on the net value of the property, plus the notary's fees.
Does the heir who lives in the house have to pay anything?
In principle, yes: whoever has sole use of a jointly owned property owes an occupancy compensation to the joint ownership, unless otherwise agreed (article 815-9 of the Civil Code).
Can a surviving spouse with the usufruct prevent the sale?
Selling full ownership requires the agreement of the usufructuary and of the bare owners, and the two-thirds rule does not apply to a property whose ownership is split. Dialogue therefore remains essential.
What did the law of 7 April 2026 change?
It allows the president of the court to authorise one heir to sign the sale of a jointly owned property alone, when the common interest justifies it, and it simplifies court-ordered partition.
Sounds like your property?
Tell us about it: we look at your case with you, with no commitment.
Get a free opinionRead next
