Joint ownership

In some cases, joint ownership does not allow the family assets to be passed on.

Each undivided co-owner is deemed to own a share of the property, according to his or her inheritance rank.

Depending on the nature of the act that an undivided co-owner wishes to perform on undivided property, it is necessary to obtain the consent of the other undivided co-owners:

• unanimity of undivided co-owners: the agreement of all the heirs is essential for any act involving the disposal of property (sale of a building, etc.), unless at least 2/3 of the undivided co-owners agree and the Tribunal de Grande Instance decides otherwise.
• 2/3 majority: the agreement of undivided co-owners holding at least 2/3 of the undivided rights is required for any act involving the administration of property (day-to-day management).
• individuality: the decision of a single undivided heir is sufficient to carry out an act of conservation on a property.

The undivided ownership system can be a source of conflict if the undivided heirs disagree about the management of the property.

Any undivided heir may, at any time, bring about the partition of the estate: partition puts an end to undivided ownership.