Sub-section 2: Amicable partition.

If all the undivided co-owners are present and capable, the partition may take place in the form and on the terms chosen by the parties. Where the undivided co-ownership relates to property subject to land registration, the deed of partition is passed by notarial act.

If an undivided co-owner is presumed to be absent or, due to distance, is unable to express his will, an amicable division may be made under the conditions provided for in Article 116. Similarly, if an undivided co-owner is subject to a protection regime, amicable partition may take place under the conditions provided for in Titles X, XI and XII of Book I.

If an undivided co-owner is in default, without nevertheless being in one of the cases provided for in article 836, he may, at the request of a co-partitioner, be given formal notice, by extrajudicial act, to be represented at the amicable partition. If the undivided co-owner fails to appoint a proxy within three months of the formal notice, a co-divider may ask the court to appoint any qualified person to…

Amicable partition may be total or partial. It is partial when it leaves undivided ownership of certain property or persons.

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