Indivision in France: the 2/3 rule, pre-emption, exit

What is indivision?

Indivision exists when several people have rights of the same kind over the same property, without the shares being physically divided. Each of them, called an indivisaire (joint owner), holds a quote-part (proportionate share); they are entitled to the profits and bear the losses in proportion to their rights (service-public.gouv.fr). This is the situation of heirs before an estate is divided, but also of unmarried couples or civil partners who buy together.

Each joint owner may use the property “in accordance with [its] intended use”, insofar as this is compatible with the rights of the others. A joint owner who has sole use of it owes the others compensation, unless otherwise agreed (art. 815-9). Income and revenue, such as rent, belong to the indivision; no claim is admissible more than five years after the date on which they were received or could have been received (art. 815-10). A joint owner who has improved the property at their own expense, or paid out of their own pocket for expenses necessary to preserve it, must be compensated when the property is divided (art. 815-13).

Who decides what: unanimity or a 2/3 majority

Sources: Civil Code, art. 815-3; service-public.gouv.fr. The majority joint owners must inform the others of the decisions taken, failing which the decisions cannot be enforced against them (art. 815-3).

Note: it is rights that count, not heads. Service-public.gouv.fr gives the example of four joint owners: with equal shares, three of them must agree; but if one holds 50% and the other three one sixth each (about 16.67%), the first need only convince one of the other three.

Unblocking a sale without unanimity

Sale authorised by the court (art. 815-5-1). At the request of joint owners holding at least two thirds of the rights, the tribunal judiciaire can authorise the sale of a jointly owned property. The procedure first goes through the notaire (notary):

1. the majority joint owners state their intention to sell before the notaire;
2. the notaire has this intention formally served on the others within one month;
3. the others have three months from service to object;
4. the court can authorise the sale if it does not excessively infringe the rights of the other joint owners; it takes place by licitation (sale by auction).

The procedure is ruled out where ownership is split (démembrement, e.g. bare ownership and usufruct) or where a joint owner is presumed absent, unable to express their wishes or under a protective measure.

New since 9 April 2026. Act no. 2026-248 of 7 April 2026 supplemented article 815-6: the president of the tribunal judiciaire “may also authorise a joint owner to conclude alone a deed of sale of a jointly owned property” where urgency and the common interest justify it. The ANIL (national housing information agency) notes that the text enshrines case law of the Cour de cassation (France’s highest civil court). The same Act created in Corsica a procedure for sale or division by a 2/3 majority before a notaire, without a judge if there is no objection. However, the Senate rejected extending it to the whole country: elsewhere, the 2/3 rule with the involvement of a judge remains (ANIL, analysis no. 2026-09).

Leaving the indivision

Asking for division. This is the principle: division (partage) “may always be requested, unless it has been deferred by a judgment or an agreement” (art. 815). A convention d’indivision (joint ownership agreement) can be concluded for a fixed term of 5 years at most, renewable, or for an indefinite term; it must be drawn up by a notaire if it concerns real property (service-public.gouv.fr). In the event of disagreement, the court can maintain the indivision, for 5 years at most in certain cases, in particular for the home occupied by the deceased or their spouse.

Selling your share: the joint owners’ pre-emption right (art. 815-14). Before transferring their rights to a person outside the indivision, a joint owner must notify the others, by a deed served by a commissaire de justice (judicial officer), of the price, the terms of the transfer and the identity of the intended buyer. Each joint owner then has one month to make known that they are exercising their pre-emption right at the same price and on the same terms. They then have two months to complete the deed; after this period, their declaration is automatically void fifteen days after a formal notice that has gone unheeded. If several joint owners pre-empt, they acquire the share together in proportion to their rights, unless otherwise agreed.

A transfer made in breach of these rules is void; the action becomes time-barred after five years and belongs only to those who were entitled to receive the notification, or to their heirs (art. 815-16).

Which professional to consult

The notaire (notary) is at the heart of the indivision: they draw up the agreement, receive the majority joint owners’ declaration of intention to sell and draw up the division. The agent immobilier (estate agent) values the property, which is useful for setting the price of a share or the occupation compensation. For a division of land in kind, the géomètre-expert (chartered land surveyor) marks out the lots.