The classic form of joint ownership of property in France is called indivision.
All co-owners (indivisaires) have equal rights over the property, but decision-making depends on the type of act. The sale of a property requires unanimity, while certain administrative acts can be decided by a two-thirds majority, and protective measures may be taken individually.
In practice, particularly following an inheritance, this unanimity rule often leads to paralysis.
A single heir can block an entire process by refusing to sell, being absent, or remaining unreachable. These situations are common, especially in large families, conflictual inheritances, or when heirs live abroad. Properties can stay vacant for years, even decades in some cases.
In some areas, particularly rural regions, these blockages contribute to housing vacancy and local decline. The government estimates that 22% of vacant properties are due to an inheritance.
French law has long provided mechanisms to address deadlock. In particular, a court may authorise certain acts in place of a co-owner whose refusal endangers the common interest, and judicial partition (licitation) has always made it possible to force a sale. However, these procedures are often perceived as complex, slow, and uncertain in outcome.
As a result, there was always a great deal of uncertainty whether an application to the court would be successful.
With the change in law the powers of the court have been clarified and expanded with a view to speedier resolution of a dispute.
A judge now has the clear power to order the sale of a property on application by one or more indivisaires if they consider the matter to be ‘urgent’ (financial pressure, risk of deterioration) and in the common interest of all co-owners.
As a result, it is now more difficult for a single co-owner to block the sale of jointly owned property.
The same enhanced powers are granted in relation to divorce and separation cases.
The reform also addresses the issue of ownerless (biens sans maître) or abandoned estates. These situations arise where no heirs come forward, or where all known heirs renounce the succession, in which case the property ultimately passes to the State.
Previously, the procedures for identifying and taking control of such property could be lengthy, leaving assets unmanaged for extended periods. The reform aims to improve coordination between notaires and public authorities to enable faster and more effective intervention.
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