French Civil Code

Partition may be requested, even when one of the undivided co-owners has enjoyed all or part of the undivided property separately, if there has been no deed of partition or sufficient possession to acquire prescription.

A person who is undivided as to enjoyment may request the division of the undivided usufruct by way of segregation on a property or, if this is not possible, by way of licitation of the usufruct. Where this appears to be the only way of protecting the interests of all the holders of rights in the undivided property, the licitation may relate to the full ownership.

The same option belongs to the undivided co-owner in bare ownership for the undivided bare ownership. In the event of a licitation of full ownership, the second paragraph of article 815-5 shall apply.

A person who is in part the full owner and who is in undivided ownership with usufructuaries and bare owners may use the options provided for in articles 817 and 818. The second paragraph of Article 815-5 is not applicable in the case of a full ownership licitation.

At the request of an undivided co-owner, the court may stay the partition for up to two years if its immediate completion is likely to affect the value of the undivided property or if one of the undivided co-owners cannot take over the agricultural, commercial, industrial, craft or liberal enterprise dependent on the succession until the end of this period. This deferment may apply to all the undivided property or…