French Civil Code

The surviving spouse or any heir who is a co-owner may apply for preferential allotment by way of partition, subject to a balancing payment if applicable, of any business, or part of a business, whether agricultural, commercial, industrial, craft or liberal, or undivided share of such a business, even if formed for a share of property of which he was already the owner or co-owner before the death, in the…

In the event that neither the surviving spouse nor any co-owner heir requests the application of the provisions set out in article 831 or those of articles 832 or 832-1, the preferential allotment provided for in agricultural matters may be granted to any co-partitioner on condition that he undertakes to lease the property in question within a period of six months under the conditions set out in Chapter VI of…

The surviving spouse or any co-owner heir may also apply for preferential allotment: 1° Of the ownership or the right to the lease of the premises which effectively serve as his or her dwelling, if he or she had his or her residence there at the time of the death, and of the furniture furnishing it, as well as of the deceased’s vehicle provided that this vehicle is necessary for…

The preferential allotment referred to in 1° of Article 831-2 is by right for the surviving spouse. The rights resulting from preferential allotment are without prejudice to the lifetime rights of habitation and use that the spouse may exercise under article 764.

The preferential allocation referred to in article 831 is by right for any agricultural holding that does not exceed the surface area limits set by decree in the Conseil d’Etat, if continued joint ownership has not been ordered.

If maintenance in undivided ownership has not been ordered and in the absence of preferential attribution in ownership under the conditions provided for in article 831 or article 832, the surviving spouse or any co-owner heir may apply for preferential allotment of all or part of the agricultural property and property rights dependent on the estate with a view to setting up an agricultural land grouping with one or more…

If an agricultural holding constituting an economic unit and not run as a company is not maintained in undivided ownership and has not been the subject of a preferential allotment under the conditions provided for in articles 831, 832 or 832-1, the surviving spouse or any co-owner heir who wishes to continue the farm in which he is or has been effectively involved may demand, notwithstanding any application for an…

Preferential allotment may be applied for jointly by several successors in order to keep the undivided property together. Failing amicable agreement, the application for preferential allotment is brought before the court, which decides on the basis of the interests involved. In the event of competing applications, the court takes into account the ability of the various applicants to manage the property in question and to remain in it. For the…

The property subject to the allocation is estimated at its value on the date set in accordance with Article 829. Unless there is an amicable agreement between the co-partitioners, any balance due is payable in cash. However, in the cases provided for in articles 831-3 and 832, the assignee may require his co-sharers to pay a fraction of the balance, equal to no more than half, within a period not…