Succession: Can we force the sale of a property in joint possession when an heir blocks everything?

In the “big savings meeting” (capital / radio heritage), our experts respond to Jean-Paul, faced with a blockage in a succession: two heirs want to sell a property, but a third opposes it without proposing an alternative.

Capital video: Undivision: Can we force the sale of a house when an heir blocks everything?

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Each month, the “big savings meeting” (capital / radio heritage) answers your questions in the “your questions, our answers” sequence. Notaries, taxpieces, heritage advisers accompany you on all your financial issues. Today, Jean-Paul writes to us on behalf of his in-laws: three years after the death of the mother, two sisters wish to sell the family home, but their brother refuses, without making a buyout. A first judicial request was rejected. What to do?

Let us remember immediately: “”Joint possession is a transitional regime, intended to disappear. No one is required to stay in joint possession ”, Specifies Thomas Prud’homoz, associate notary at KL-Consign. But in practice, most decisions – especially the sale of the property – require the unanimity of the joint owners. Hence the blocking situation when one of them refuses.

Watch out for the auction in the absence of unanimity

However, the law offers appeals. If the brother is unable to demonstrate his will (for example for medical reasons), the two sisters can request a judicial authorization in order to act in his place. An approach which requires however evidence and a particular approach. If it is not an inability, two options are possible.

The first is to have the intention of selling two thirds. If the two sisters have at least two thirds of joint ownership together, they can notify this intention to the brother. It then has one year to react. In the absence of a response, they can seize the judge to force the sale. Be careful however: “This type of procedure can lead to an auction, and not for sale to the buyer initially found”warns our guest. It is therefore sometimes preferable to negotiate upstream. Last possibility: to request a judicial sharing, which will result there again by a judicial license – a public sale – with, therefore, the same disadvantages concerning the sale.

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