Real estate: soon a law to accelerate successions and unlock the sale of inherited goods

Interminable inheritance joint ownership is partly behind the leap of 60% of the number of vacant housing in 30 years. The National Assembly adopted in March a bill aimed at accelerating the release of these disputed joint ownership.

Capital video: real estate: a new law to accelerate successions and unlock the sale of inherited goods

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Too much nostalgia, co -ownership charges and a very heavy property tax … After the death of their parents, Catherine and Isabelle agreed without difficulty selling the family apartment received in legacy. But many cases of inheritance joint ownership prove to be otherwise problematic than that of these two sisters. Especially when the property of the deceased falls to a large number of heirs, called joint ownership. Indeed, to decide to sell this property, to renovate it or rent it, a unanimous agreement of the joint owners is necessary.

Result, in the event of disagreement between the heirs or of the impossibility of identifying one of them, The succession is lying in length, for yearseven decades. Impossible, therefore, for joint owners who wish to sell or rent the good to perceive the product of its sale or rental income. Another negative consequence, for the potential buyers or tenants of these goods, they remain vacant. The successral joint ownership which are dragged are partly responsible for the jump of 60% of the number of vacant housing in the past 30 years. 3.1 million today, they represent 8% of the total housing park In France, according to INSEE.

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Lowering the undivided rights threshold to sell

A shame, the country with 4.1 million poorly unaccompanied according to the foundation for the housing of disadvantaged. “Given the crisis of housing supply, one cannot afford to leave thousands of abandoned housing for lack of agreement between those who inherited it”hammered the Minister of Housing, Valérie Létard, Thursday March 6, during the examination, by the National Assembly in public session, of a bill Democratic deputies Louise Morel and Nicolas Turquois aimed at “Simplify the output of the inheritance joint ownership”. Without forgetting the risk of degradation and squat of these goods in a state of abandonment, with their procession of inconveniences for the neighborhood.

Adopted by the Assembly Thursday, this bill, which must now be submitted to the Senate, proposes to create a database listing goods in a state of abandonment. It also modifies article 815-5-1 of the civil code, which, in the event of a disputed inheritance, allows the sale of the property to the majority of two thirds of the undivided rights. For example, three heirs are owners of their parents’ house. The two brothers want to sell but the sister refuses. Having two -thirds of the property, the two brothers can obtain authorization from a court to sell despite the refusal of their sister. The bill lowers this two -thirds threshold to half.

Experimentation of Alsatian-Mosellan law in other departments

It also strengthens the prerogatives of the National Directorate of State Interventions (Dnid) to sell a property when a succession has been open for more than 10 years because one of the joint owners has died and it is impossible to find his heirs.

Finally, the bill allows departments that wish to experience the Alsatian-Mosellan legal sharing regime. Unlike general law, this local law makes it possible to resolve disputed successor undertakings without going through a lawyer and a court, by strengthening the means of mediation and conciliation of notaries. A much faster and much less expensive procedure than that provided for by general law.