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Article 821 of the French Civil Code

Failing an amicable agreement, the joint ownership of any agricultural, commercial, industrial, craft or liberal enterprise, which was operated by the deceased or his spouse, may be maintained under the conditions set by the court at the request of the persons mentioned in Article 822. Where applicable, the application to maintain indivision may relate to corporate rights. The court decides on the basis of the interests involved and the means…

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Article 821-1 of the French Civil Code

Indivision may also be maintained, at the request of the same persons and under the conditions laid down by the court, in respect of ownership of the residential premises or premises used for professional purposes which, at the time of death, were actually being used for that residence or for that purpose by the deceased or his spouse. The same applies to movable objects furnishing the dwelling or used for…

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Article 822 of the French Civil Code

If the deceased leaves one or more minor descendants, maintenance of joint ownership may be requested either by the surviving spouse, by any heir, or by the legal representative of the minors. If there are no minor descendants, continuation of the joint ownership may only be requested by the surviving spouse and on condition that he or she was, prior to the death, or became as a result of the…

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Article 823 of the French Civil Code

Maintenance in undivided ownership may not be prescribed for a period of more than five years. It may be renewed, in the case provided for in the first paragraph of Article 822, until the youngest of the descendants reaches the age of majority and, in the case provided for in the second paragraph of the same article, until the death of the surviving spouse.

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Article 824 of the French Civil Code

If undivided co-owners intend to remain in undivided ownership, the court may, at the request of one or more of them, depending on the interests involved and without prejudice to the application of the articles 831 to 832-3, allocate his share to the person who requested partition. If there is not a sufficient sum in the undivided property, the remainder is paid by those undivided co-owners who have contributed to…

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Article 825 of the French Civil Code

The partitionable mass comprises the property existing at the opening of the succession, or that which has been subrogated to it, and which the deceased has not disposed of by reason of death, as well as the fruits relating thereto. It is increased by the values subject to ratio or reduction, as well as the debts of the co-sharers to the deceased or to the undivided community.

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Article 826 of the French Civil Code

Equality in partition is equality in value. Each co-divider receives property for a value equal to that of his rights in the undivided property. If lots are drawn, as many lots as are necessary are formed. If the consistency of the mass does not allow lots of equal value to be formed, their inequality is compensated for by a balance.

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Article 827 of the French Civil Code

The mass is divided by head. However, it is made by strain when there is reason for representation. Once division by stock has been effected, a separate distribution is made, where applicable, between the heirs of each stock.

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Article 828 of the French Civil Code

Where the debtor of a balancing payment has obtained deferred payment and, as a result of economic circumstances, the value of the property due to him has increased or decreased by more than one quarter since the partition, the sums remaining due shall increase or decrease in the same proportion, unless the parties exclude this variation.

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Article 829 of the French Civil Code

With a view to their distribution, the property is estimated at its value on the date of divided enjoyment as fixed by the deed of partition, taking into account, where applicable, the charges on it. This date is as close as possible to the partition. However, the judge may fix divided enjoyment at an earlier date if the choice of this date appears more favourable to the achievement of equality.

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