Family SCI or joint ownership: which of these two statuses really protects your common assets?

“ Joint ownership is the most immediate solution because it is put in place automatically at the time of inheritance. This initially avoids creating a structure or undertaking more cumbersome procedures. », explains Sofia Laura Zemmour, wealth management advisor for the Wakerstone firm. “ As long as all the heirs agree, it can work very well », she confides

Joint ownership works… until the first disagreement

The problem often appears when an heir wishes to sell, recover his share or change the use of the property. Where some want to keep the family home for emotional reasons, others prefer to sell to recover cash or finance their main residence.

Disagreements can also relate to the work, the rental of the property or even the sharing of costs. “ Some will want to do Airbnb or rental, while others will prefer to keep the property as a second home. When a joint owner wants to exit, it can very quickly block if no one can or wants to buy their share », Underlines the expert.

However, the Civil Code provides that “ no one can be forced to remain in joint ownership » (article 815). In practice, however, getting out of joint ownership can become long, conflicting and sometimes require a forced sale good.

According to theNational Agency for Housing Information (ANIL), certain important decisions, such as the sale of the property, require the agreement of the co-owners, which can quickly complicate management when family relations become strained.

The family SCI: more framework, less improvisation

When the family wishes to preserve the property over the long term, the Family SCI may become a more suitable solution. Unlike joint ownership, it makes it possible to set management rules clear between the partners and to anticipate possible exits.

“ I recommend family SCI when there is a real desire to keep the property over time, to better organize management and establish clear rules between family members. SCI becomes interesting when you want to structure things in the long term », explains Sofia Laura Zemmour.

Creating an SCI only makes sense if the family really wants to keep the property for several years. If the sale is planned quickly, joint ownership often remains the most pragmatic solution.

Contrary to popular belief, its main interest is not fiscal. “ We often think that it is a magical tool for paying less taxes. In reality, its real interest is heritage : organize the holding of the property, facilitate management and above all anticipate transmission. »

SCI, however, involves costs : drafting of statutes, creation formalities, possible accounting and heavier administrative management. It is therefore not systematically relevant.

The real risk: not anticipating anything

The most common error often remains the total lack of anticipation. Many families think that understanding will be enough to avoid conflicts. “ Many assure that the family understanding is peaceful, and therefore do not set any clear rules. Anticipation begins not when tensions arise, but well before. » Before even choosing between joint ownership and SCI, experts therefore recommend ask yourself the right questions : do we want to sell or keep the property? Rent it? Who will pay the charges? How to manage the exit of an heir? In terms of family heritagethe cost of conflict often far exceeds that of good initial organization.