Faced with these “ghost heirs”, notaries have until now been helpless, unable to move forward without their agreement. The law of April 7, 2026 (no. 2026-248), “aiming to simplify the exit from joint ownership and the management of inheritances vacant », signs the first act of the announced reform of judicial sharing. This text establishes the legislative bases of the reform, the regulatory aspect of which is currently being developed by the chancellery. “The said law does not revolutionize the general architecture of the law of joint inheritance.specifies Maître Benjamin Boulard, Lawyer at the Paris Court of Appeal. But she decisively strengthens a targeted judicial tool to overcome the most acute blocking situations, by providing a clear text allowing a joint owner to be authorized to sell undivided property alone when the common interest requires it and the other joint owners objectacle”.
Ward off obstruction
To remedy the blockage of joint ownership by simplifying the sale of undivided property, the text incorporates established case law of the Court of Cassation* and allows the president of the judicial court to authorize a joint owner to conclude alone a deed of sale of undivided property. Concretely, in a joint inheritance blockeda joint owner can now:
– Contact the president of the court judicial on the basis of amended article 815-6;
– Ask to be authorized to sign the deed of sale alone of a specific undivided property;
– Arguing that the sale is necessary in the common interest (for example to avoid a loss of value, to finance essential work, to settle debts); and that one or more co-owners oppose each other unfairly or are inert.
“ The judge will retain discretioncontinues Maître Boulard. But the law now gives it a clear foundation to authorize the sale by a single joint owner, without requiring unanimity or even a two-thirds or half majority, as long as the conditions of article 815-6 are met “.
Amicable sharing: the quick and economical way
If all the heirs agree, the notary organizes an amicable sharing. Everyone provides their administrative documents (family record book, property titles, certificate of inheritance) and the professional establishes a distribution project according to the shares and the value of the property. So, either the property is sold and the heirs share the proceeds of the price; either one buys out the shares of the otherswith the possibility of taking out a loan. In this case, the notary fees amount to approximately 1% of the value of the property, to which are added the sharing rights (2.5%). The average delay is estimated 2 to 4 months if the documents are complete. Since 2026, if an heir no longer responds despite an official reminder, the notary can now close the file with the agreement of the district judge.
The repurchase of undivided shares, a solution to exit without selling
When only one heir wishes to keep the property, he can buy out the share of others. The operation assumes a objective estimatevia an agency or an expert, to set the equilibrium price. The bank can grant a specific loan, often backed by a mortgage on the property. In the event of disagreement on the value, the judge can be contacted to appoint an independent expert. This step, almost obligatory in tense cases, adds a few months but secures the transaction. The redemption remains fiscally interesting: THE sharing rights are reducedand the lower notary fees only in the event of a sale.
Judicial sharing of the location of the property, last resort
When the situation is blocked, “ the judge first checks that diligences undertaken with a view to achieving an amicable sharing were undertaken: correspondence, sharing projects, certificate from the notary on the failure of the negotiations, etc.indicates Maître Boulard. Then, he examines the composition of the joint ownership. »
Finally, in this context, the court designates a notary who convenes the parties, collects the documents and establishes a liquidation statement, and a judge appointedwho receives the notary’s reports, takes all measures tofacilitate the mission (appointment of expert, injunctions, extension of time, etc.), attempts conciliations at different stages and in the event of persistent disagreement, sends a report to the court on the points of dispute. The court then rules, approves the liquidation statement or refers it to the notary for the act of partition, and can order the drawing of lots.
This route is long (between12 and 24 months, even 3 years in first instance) and expensive (lawyer, expert, notary fees, i.e.3,000 to 15,000 euros in costsdepending on the complexity), but finally allows you to get out of joint ownership. Thus, since this reform, the judge can overlook the absence of an inert heir: if he does not react after notification, the procedure continues without him.
*(Civ. 1st, Dec. 4, 2013, no. 12-20.158, AJ fam. 2014. 120, obs. N. Levillain; D. 2013. 2914)
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