I want to sell French house but siblings do not: what can I do? -  Partner article

Reader Question: I am in dispute with my two siblings who want to sell our house in Provence, while I do not. What are my rights in this situation?

Fixed inheritance rights and the inheritance tax regime mean it is relatively common for siblings to co-own a property in France.

Inevitably, the plans of family members will not always lead in the same direction. One owner may wish to sell while another does not.

Article 815 of the French Civil Code anticipates the answer to this conundrum. 

It states that nobody can be forced to remain in joint ownership with other owners, and that a partition can [almost] always be requested.

There are some exceptions, for example where the siblings own jointly in a tontine structure, which is extremely unlikely, and almost certainly not to be recommended.

Consequently, the siblings will be able to require the sale of the property. 

To do this, however, they must first offer you the chance to purchase their shares.

If you cannot buy them out, they can ask a French court to order the sale. 

Unless you are living in the property, the court will probably agree to that request.

If it comes to this point, it will generally be preferable to sell on the open market rather than at auction, as is likely to be ordered. 

Auction reserve prices are usually low to increase the chance of a successful sale, thus you could see the house being sold at well below its real value.

Hardly a choice, yet the court has to weigh up the interests of various family members in such a situation, between those who love the property, and those who want or need to sell. 

An amicable open market sale is likely to produce the best return for you all, yet there may be scope for price negotiation with your siblings if you can afford to buy them out.

You would all be avoiding the fees, time and stress of litigation, so a reduced price for their shares may work.