The provisions of articles 831 to 832-4 benefit the spouse or any heir called to succeed by virtue of the law, whether he is a full or bare owner. These provisions, with the exception of those of article 832, also benefit an heir with a universal or universal title to the succession by virtue of a will or contractual institution.
The beneficiary of the preferential allotment does not become the sole owner of the property allotted until the day of the final partition. Until that date, he may renounce the allotment only where the value of the property, as determined on the day of that allotment, has increased by more than a quarter on the day of the partition independently of his personal act.
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.
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. .
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
