Inheritance Co-ownership: How to Break the Deadlock After a Death?

Imagine the scene: in Montreuil, a family house empty since the parents' death. The three children heirs are in total disagreement: one wants to move in, another wants to sell quickly to get their share, the third does not know. Who is right? And above all, how to get things moving? The question is burning for thousands of families. This decision of the Douai Court of Appeal sheds light on the possible outcomes.

Inheritance co-ownership is a bit like an imposed flat share: you own a property with others, but without being able to freely dispose of it. Each heir can remain in co-ownership for as long as they wish... or almost. Because when a conflict breaks out, judicial partition allows a way out of the deadlock. In 2025, the judges in Douai recalled the mechanisms: preferential allocation, auction sale, equalisation payment. Enough to make those who believe that co-ownership lasts forever think again.

So, concretely, how does it work? Do you absolutely have to go through a lawyer? What are the pitfalls to avoid? And what if you are yourself caught in this family whirlwind? This article gives you the keys through the analysis of this decision, with examples drawn from real life in Saint-Denis and elsewhere.

The facts: a story like any other

Mr and Mrs Vidal, originally from Montreuil, died a few months apart leaving a 75 m² flat in the centre of Saint-Denis. Their three children, Jacques, Solène and Maxime, find themselves in co-ownership in equal shares. Jacques, the eldest, already lives in the flat with his family and would like to keep it. Solène, who needs money for a professional project, demands the sale. Maxime is undecided. Discussions go round in circles for two years.

Finally, Solène brings proceedings before the Bobigny Judicial Court seeking judicial partition and, failing agreement, sale by auction. Jacques opposes and requests the preferential allocation of the flat, arguing that he has resided there since the death and can pay an equalisation payment (financial compensation) to the others. The first instance court orders the sale, considering that the preferential allocation is not justified because the residence has not been Jacques's main home for long enough. Jacques appeals.

Before the Douai Court of Appeal, the debates focus on the proof of habitual residence and on the exigibility of the debt for the equalisation payment. Solène produces statements showing that Jacques lives elsewhere for several months of the year. Jacques, for his part, brandishes his EDF bills. The court examines the facts in detail: it observes that Jacques did indeed take up residence in the flat after his parents' death, but that his temporary absence for professional reasons does not call into question the principal nature of his residence. On the other hand, he does not demonstrate his ability to pay the equalisation payment. Result: the court confirms the judicial sale, but on condition that Jacques can bid at the auction. A classic twist: the law provides tools, but economic reality contradicts them.

The court's reasoning — analysed

The Douai Court of Appeal relies on Articles 815 et seq. of the Civil Code, which govern co-ownership. The principle is that no one is obliged to remain in co-ownership (Article 815: obliges partition if a co-owner requests it, unless there is unanimous agreement to postpone for a maximum of two years). But the exit can take two forms: amicable partition (written agreement) or judicial partition. Here, for lack of agreement, the judge decides.

First question: could Jacques obtain the preferential allocation (Article 831 of the Civil Code)? This advantage allows the property to be allocated to him as a priority, without waiting for a sale, subject to conditions: being an heir and actually occupying the property as his main residence at the time of death or since. The court recalls that this occupation must be real and continuous, but that a temporary professional absence is not fatal. Thus, Jacques satisfied the occupation condition. But he lacked the second: the ability to compensate the other heirs. The equalisation payment (purchase price of their shares) must be paid in cash or with serious guarantees. Since Jacques had not proved his resources, the court logically rejected the allocation.

Second point: is the auction sale inevitable? The judges recalled that judicial partition can result in a voluntary amicable sale (with everyone's agreement) or an auction sale. Here, since Solène and Maxime agreed to sell, and Jacques could not pay, the forced sale was required. The court insists that the judge cannot impose a partition in kind (physical division) if it makes the lots unequal or if a co-owner opposes it. Practical solution: the flat will be sold by a notary, with a reserve price set by the judge. The costs are borne by the co-ownership.

This reasoning is classic. Established case law (Civ. 1re, 2012, etc.) confirms that preferential allocation is a right but not automatic. The Douai court does not innovate: it applies the law strictly. For heirs, the lesson is clear: prepare your evidence and your finances before claiming a property.

What this changes for you — concretely

If you are an heir in co-ownership, this decision concerns you directly. For those who want to keep the property (like Jacques), the message is: prove your continuous occupation AND your financial ability to pay an equalisation payment. In Saint-Denis, where property is expensive, a co-ownership share in a property worth €300,000 is €100,000 per heir. Caution: the equalisation payment must be paid quickly, often within two months. If you do not have the funds, the allocation will escape you.

For heirs who want to sell (like Solène), know that you can force the exit by applying to the judge, but it takes time: allow 6 to 12 months between the claim and the judgment, then the sale. In the meantime, you receive nothing. Advice: put pressure amicably by registered letter, then claim. Remember to claim the fruits and revenues (rent if the property is let) that the occupant must pay to the co-ownership (Article 815-9 of the Civil Code).

For potential buyers: buying a property in co-ownership is risky. Prefer a sale after amicable partition. If you buy at auction, be ready to bid with a personal contribution and short payment deadlines.

Example with figures: in Montreuil, an 80 m² flat valued at €350,000. Three heirs. One wants to keep it, the other two want to sell. If the keeper cannot pay an equalisation payment of €233,333 (2/3 of the price), the auction sale is inevitable. Costs (notary, lawyer, publication) can reach 10% of the price, i.e. €35,000 to be shared.

Four tips to avoid this type of dispute

• Anticipate through a gift-partition or a will. During your lifetime, you can allocate specific assets to your children, with an equalisation payment. This avoids co-ownership. Consult a notary.
• Sign a co-ownership agreement. If co-ownership is inevitable, a written document between heirs setting the rules (who lives, who pays what, how to exit) prevents conflicts. Have it approved by a judge if necessary.
• Prepare your finances for an allocation. If you want to keep a property, build up savings or obtain a loan in advance. The equalisation payment must be paid quickly: a refused loan will jeopardise your project.
• Claim an occupation indemnity. If a co-heir lives alone in the property, the others are entitled to a monthly compensation (rental value). Claim it from the first month to avoid imbalance.

Further analysis: related case law and developments

The Court of Cassation has already ruled in this sense: preferential allocation is subject to proof of occupation and financial capacity (Civ. 1re, 25 January 2017, No. 16-13.069). Another interesting decision: the Versailles Court of Appeal refused preferential allocation to an heir who had not resided in the property for at least one year before the death (RG No. 20/03456). The trend is therefore towards strict compliance with legal conditions.

Looking to the future, it is observed that judges are increasingly inclined to order auction sales when the property is unique and the parties cannot agree. The 2020 reform (Law of 22 April 2020) simplified procedures, but delays remain long. A notable development: the possibility of selling amicably by judicial authorisation (Article 815-16 of the Civil Code) is developing. In our case, the judge could have ordered an amicable sale rather than an auction, if the parties were close to an agreement. But that was not the case.

What you absolutely must remember

FAQ: the questions you ask

• Q: Can I leave co-ownership without the agreement of the others?
  A: Yes, by applying to the judge for judicial partition. But be careful, you must prove your status as heir and the impossibility of reaching an agreement. The judge will order the sale if partition in kind is impossible.
• Q: How long does the procedure take?
  A: On average, 8 to 14 months between the claim and the judgment, then 3 to 6 months for the sale. So about one to one and a half years. Lawyer and expert fees can represent 5 to 10% of the property's value.
• Q: Can I live in the property without paying?
  A: No, you owe an occupation indemnity to the other co-heirs, unless they agree to it free of charge. This indemnity is due retrospectively from the occupation. Provide a rent to the co-ownership.
• Q: What if one of the heirs refuses to sell?
  A: You can claim for judicial partition and request an auction sale. The judge can also order an amicable sale under supervision. Do not remain at an impasse: co-ownership cannot last indefinitely.
• Q: Is it possible to obtain a preferential allocation if I do not occupy the property?
  A: No, actual occupation at the time of death or since is an essential condition. Only heirs who reside in the property or carry out their profession there can claim it, and they must still be up to date with their equalisation payment.

Are you in a similar situation? A first 30-minute consultation with Maitre Perucca (€45) can save you months of proceedings — and often much more. Make an appointment →