Sub-section 3: Judicial partition.

Sharing is carried out in court when one of the undivided co-owners refuses to consent to the amicable sharing or if disputes arise as to the manner in which it should be carried out or completed, or when the amicable sharing has not been authorised or approved in one of the cases provided for in Articles 836 and 837.

Where several undivided interests exist exclusively between the same persons, whether they relate to the same property or to different property, a single division may take place.

The court of the place where the succession was opened has exclusive jurisdiction to hear actions for partition and disputes that arise either when the indivision is maintained or during the partition operations. It orders the auctioning of property and rules on claims relating to the security of lots between the co-sharers and on claims for the nullity of the partition or for additional shares. .

If the notary appointed to draw up the liquidation statement comes up against the inertia of an undivided co-owner, he may give him formal notice, by extrajudicial act, to be represented. If the undivided co-owner fails to appoint a proxy within three months of the formal notice, the notary may ask the judge to appoint any qualified person to represent the defaulter until the operations have been completed.

At any time, the co-sharers may abandon legal proceedings and pursue amicable partition if the conditions laid down for a partition of this nature are met.