Chapter II: Inheritance and gifts

In the event of multiple summonses, the applicant for partition is the one who first had his summons registered at the registry of the judicial court.

On pain of inadmissibility, the summons for partition shall contain a summary description of the assets to be partitioned and shall specify the claimant’s intentions as to the distribution of the assets and the steps taken with a view to reaching an amicable partition.

The court shall order the partition, if it can take place, or the sale by auction if the conditions set out in Article 1378 are met. When partition is ordered, the court may appoint a notary to draw up the deed recording the partition.

Without prejudice to the provisions of Article 145, an expert may be appointed during the proceedings to estimate the property or propose the composition of the lots to be distributed.

If lots are to be drawn, this shall be done before the notary appointed pursuant to the second paragraph of Article 1361 and, failing that, before the president of the judicial court or his delegate. If an heir is in default, the president of the judicial court or his delegate may, ex officio, when the draw takes place before him or on transmission of the minutes drawn up by the…