What does indivision mean for a French estate?

In France, when multiple heirs inherit property, the estate is said to be in indivision until it is distributed (referred to as le partage des biens). 

Indivision means that the heirs collectively own the estate, with each person holding a fraction or share of the property, known as a quote-part. 

Indivision can continue when property remains jointly owned by the heirs, or sometimes between the heirs and a surviving spouse. 

The quote-part represents each heir’s proportional ownership of the estate, which is determined by their legal rights.

The indivision remains in place until the estate is divided, a process known as le partage. This can be done amicably or judicially, depending on whether the heirs agree on the distribution. 

If they cannot agree, the matter may need to be resolved through the courts.

Resolving indivision: the sharing out process

The partage is a legal act that terminates indivision, allowing each heir to receive ownership of their individual share of the estate. 

In certain cases, a judge may decide that the estate remains in indivision for up to five years, such as to protect the rights of a surviving spouse.

During indivision, the assets may be managed by the heirs jointly or by a nominated proxy (mandataire). However, any co-owner has the right to request the sharing out of the estate, which may involve selling property.

If no agreement can be reached among the heirs, a court application may be necessary.

The role of the notaire

An heir can declare their wish to arrange a partage to divide up the estate before a notaire, who will then notify the other co-owners. 

They have three months to respond. If they fail to react, the notaire will record their silence and apply to the local high court (tribunal de grande instance) for permission to sell the property. 

If the court approves, the property is sold, and the proceeds are divided among the heirs after settling any debts related to the estate.

Legal formalities and costs

To formalise the sharing out of an estate involving real estate, a notaire’s deed (acte notarié) is required. This process incurs fees, and in some cases a tax called droit de partage is payable, equal to 2.5% of the property’s value.

For non-real estate assets, the sharing out can be done through a private signed agreement (sous seing privé).

If the estate cannot be divided into equal shares, heirs may need to make balancing payments (soulte) to equalise the value. In extreme cases, the property may be sold at auction.

Priority claims

Anyone who lived with the deceased can request the home or business premises be attributed to them as a priority, provided it is necessary for their work or living arrangements.

Apposition de scellés: protecting the estate

If there are concerns that valuables from the deceased may go missing, heirs, the spouse, or creditors can apply to the tribunal to have a seal (scellés) placed on the home. 

A huissier will carry out an inventory before the seal is applied. Later, the seal is broken in the presence of the heirs or their representatives to verify the inventory, unless the heirs waive this procedure.