Amicable or legal sharing

The division may be amicable or judicial.

This can result in :

• the allocation of the various assets of the estate to the heirs, according to the value of their rights in the estate
• the allocation to the heirs of the proceeds of the sale of the deceased's assets, according to the value of their rights in the estate
• the repurchase of all the shares by an undivided co-owner from the other undivided heirs.

The division can also result from an anticipated settlement thanks to provisions made by the deceased. It is possible - during the lifetime of the deceased - to make provisions to bring forward the settlement of the estate.

These provisions make it possible to avoid any discord in the event of a disagreement between heirs who are potentially undivided co-owners:

• DONATIONS: living donations allow certain assets to be divided between heirs (the assets leave the donor's estate and enter directly into the beneficiary's estate. When the succession is opened, the heirs do not have joint ownership of the assets).
• SHARED GIVING: shared giving or transgenerational shared giving allows you to pass on assets to your heirs during your lifetime. The assets are distributed in the form of lots that are not subject to joint ownership when the estate is settled.
• TESTAMENT: A will allows a specific asset to be allocated to a specific person. This property is also excluded from joint ownership.
• PRECIPUTARY GIFT: this allows a property purchased jointly to be allocated to the surviving purchaser.

Exclusions are provided for. This is known as preferential allocation.

Even if there are several heirs, certain assets of the deceased's estate are excluded from joint ownership and allocated to specific beneficiaries:

• Housing: the surviving spouse or civil partnership partner has the right to live in the family home. The home is therefore excluded from joint ownership, and only the spouse or partner has the right to use the property.
• business: an heir who participates in the running of the deceased's business may be awarded the business.