Title IX bis : Agreements relating to the exercise of undivided rights

The co-undividers, if they all consent, may agree to remain in undivided ownership. On pain of nullity, the agreement must be drawn up in writing including a description of the undivided property and an indication of the shares belonging to each undivided co-owner. If the undivided property includes claims, the formalities of article 1690 shall apply; if it includes immovable property, the formalities of land registration shall apply.

The agreement may be concluded for a fixed term which may not exceed five years. It may be renewed by express decision of the parties. Division may only be brought about before the agreed term if there are just grounds. The agreement may also be concluded for an indefinite period. In this case, partition may be brought about at any time, provided it is not in bad faith or at…

An agreement to maintain undivided ownership requires the capacity or power to dispose of the undivided property. It may, however, be entered into on behalf of a minor, by his legal representative alone; but, in this case, the minor who has come of age may terminate it, regardless of its duration, within one year of coming of age.

The co-undividaires may appoint one or more managers, chosen or not from among them. The procedures for appointing and removing the manager may be determined by a unanimous decision of the undivided co-owners. In the absence of such an agreement, the manager chosen from among the undivided co-owners may only be removed from office by a unanimous decision of the other undivided co-owners. The manager, who is not an undivided…

The manager represents the undivided co-owners to the extent of his powers, either for civil acts or in court, both as plaintiff and defendant. He is obliged to state the names of all the undivided co-owners in the first procedural document. The manager administers the undivided property and, to this end, exercises the powers attributed to each spouse over the joint property. He may not, however, dispose of tangible movables…

The manager exercises the powers he has under the previous article even if there is an incapable person among the undivided co-owners. However, article 456, paragraph 3, is applicable to leases granted during indivision.

Decisions that exceed the manager’s powers are taken unanimously, except for the manager, if he is himself an undivided co-owner, to exercise the remedies provided by the articles 815-4,815-5 and 815-6. If there are incapacitated minors or adults among the undivided co-owners, the decisions referred to in the previous paragraph give rise to the application of the rules of protection provided in their favour. It may be agreed between the…

The joint ownership agreement may regulate the method of administration in the event of more than one manager. In the absence of special stipulations, they shall separately hold the powers provided for in Article 1873-6, except for the right of each to oppose any transaction before it is concluded.

The manager is entitled, unless otherwise agreed, to remuneration for his work. The conditions are fixed by the undivided co-owners, to the exclusion of the interested party, or, failing this, by the president of the judicial court ruling provisionally. The manager is liable, like an agent, for any faults he commits in his management.