Three heirs, one house and a brother who says no. Family lunches have seen better days.
After a death, the family property belongs to all the heirs in joint ownership (indivision). As long as everyone agrees, selling is simple. When just one objects, everything can be blocked for years. Yet the law provides several ways out.
The principle: nobody has to remain in joint ownership
Article 815 of the French Civil Code is clear: "no one can be forced to remain in joint ownership". Each heir can therefore ask for the property to be divided at any time. But selling the property itself requires, in principle, the unanimous agreement of the co-owners. This gap is what creates deadlocks.
1. Understand why they refuse
Before any procedure, it helps to identify the real reason for the refusal: emotional attachment to the family home, disagreement on the price, a need for cash or on the contrary no need at all, one heir living in the property, older tensions. An objective valuation by a professional outside the family often defuses disagreements about value.
The notary handling the estate, or a mediator, can also bring the heirs together. An amicable solution is almost always quicker and cheaper than the courts.
An amicable solution is almost always quicker and cheaper than the courts.
2. Offer to buy out their share
If the heir who refuses wants to keep the property, they can buy the others' shares. Conversely, the heirs who want to sell can offer to buy their share. The operation takes place at the notary's office and gives rise to a 2.5% partition duty on the value concerned, plus the notary's fees.
An heir can also sell their own share to an outsider, but the other co-owners then have a right of pre-emption: they must be informed and can buy first.
3. Use the two-thirds rule
Since 2009, article 815-5-1 of the Civil Code allows heirs who together hold at least two thirds of the rights to request the sale, even against the wishes of the others:
- they state their intention to sell before a notary;
- the notary informs the other co-owners within one month;
- if they object or do not reply within three months, the notary draws up a formal record;
- the court can then authorise a sale by auction (licitation), provided it does not excessively harm the rights of the others.
This procedure does not apply when ownership is split (life interest on one side, bare ownership on the other) or when a co-owner is absent or under legal protection (guardianship).
4. As a last resort, court-ordered division
Any heir can ask the court for the property to be divided. The judge appoints a notary, has the assets valued and, if the property cannot be divided or allocated, orders its sale by auction. It is an effective way out of the deadlock, but long (often several years) and costly, and the auction price may be below the market price.
Article 815-5 also allows the judge to authorise an urgent act when an heir's refusal endangers the common interest, for example a property deteriorating for lack of maintenance.
What if an heir lives in the property?
An heir who occupies the jointly owned property alone owes, in principle, an occupancy indemnity to the others (article 815-9 of the Civil Code), which is taken into account when the estate is divided. This point often weighs in the discussions.
Organising the wait: the joint ownership agreement
If the sale is not possible straight away, the heirs can sign a joint ownership agreement at the notary's office, for up to five years and renewable. It appoints a manager, sets how costs and rents are shared and prevents every decision from becoming a conflict.
Divide rather than sell as a whole
When the property lends itself to it (large plot, house with outbuildings, building with several flats), a division can unblock the situation: one heir keeps part, the others sell the rest. It is often the solution that reconciles family attachment and the need to sell.
Our approach
We review the inherited property free of charge: realistic value, division possibilities, scenarios for a partial or total sale. An outside, figures-based view often helps heirs find common ground. The legal side remains your notary's.
Frequently asked questions
Can an heir block the sale of an inherited property indefinitely?
No. Heirs holding at least two thirds of the rights can request the sale through a notary and then the court (article 815-5-1 of the Civil Code), and any heir can ask for a court-ordered division.
How much does buying out an heir's share cost?
On top of the price of the shares, allow for a 2.5% partition duty on the value concerned and the notary's fees.
How long does a court-ordered division take?
Often several years, depending on the complexity of the estate and how busy the court is. That is why an amicable solution is almost always preferable.
Sources: Code civil, articles 815, 815-5, 815-9 et 815-14 (indivision, indemnité d’occupation, préemption des coïndivisaires) · Code civil, article 815-5-1 (vente à la majorité des deux tiers des indivisaires) · Code civil, articles 1873-1 et suivants (convention d’indivision) · Code général des impôts, article 746 (droit de partage de 2,5 %)
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