Joint ownership of property in France (indivision)

What is indivision?

Indivision is the French form of joint ownership. Several people own the same property together, each holding a share (for example one third each), without any of them owning a specific part of it. It arises automatically:

• between heirs, as soon as someone dies, until the estate is divided;
• between spouses, civil partners or unmarried partners who bought a property together, after their separation.

It is meant to be temporary. The fundamental principle of French law is that no one can be forced to remain in joint ownership: each co-owner can ask for the division at any time.

Everyday rules

• Management: ordinary acts (maintenance, letting a home under a standard lease) require a two-thirds majority of the shares.
• Sale: selling the property amicably requires the agreement of all co-owners, except through the court procedures described below.
• Occupancy: a co-owner who lives in the property alone generally owes the others occupancy compensation (indemnité d'occupation), which can be claimed for the previous five years.
• Expenses: a co-owner who paid the mortgage, property tax or major works for everyone can be reimbursed when the accounts are settled.

After a divorce or separation

A divorce judgment does not decide what happens to the house. Until the division is signed, the former spouses remain joint owners, with accounts to settle: who paid the mortgage, who lives in the property, who paid for the works. The lawyer quantifies these claims and negotiates:

• the buy-out of the other's share, against a balancing payment (soulte);
• an amicable sale and the distribution of the proceeds;
• occupancy compensation owed by the person who stayed;
• failing that, a court-ordered division and a forced sale.

Civil partners (PACS) and unmarried partners do not have a family judge to settle everything: they must organise the end of their joint ownership themselves, by agreement or before the court.

Getting out of joint ownership

By agreement

This is always the fastest and least expensive route: sale to a third party and division of the price, buy-out of the others' shares, or division in kind when there are several properties. The deed is signed before a notary. The lawyer works beforehand to settle the accounts, negotiate the price or the balancing payment and secure the terms.

Sale by a two-thirds majority

When co-owners holding at least two thirds of the shares want to sell and a minority co-owner refuses, a specific procedure avoids the need for unanimity. The majority declare their intention before a notary, the other co-owners have three months to respond, and the court can then authorise the sale if it does not unduly harm the others' rights. The sale takes place by auction, which often encourages the minority to negotiate.

Court-ordered division

If no agreement is possible, any co-owner can ask the judicial court to order the division. Representation by a lawyer is compulsory, and the claim must show that an amicable division was attempted. The court appoints a notary to prepare the division under the supervision of a judge. Indicative duration: two to four years depending on complexity. It is a last resort, but also powerful leverage: once proceedings have started, settlements are frequent.

Public auction (licitation)

When a property cannot be divided or allocated to one of the co-owners, the court orders its sale at auction. The reserve price is often below market value, which is why it is often better to negotiate a sale beforehand. Each co-owner may bid to buy the property.

Which route to choose?

More details are available on our French pages Sortir de l'indivision and Indivision après divorce ou séparation (in French).

Discuss your property

The information on this page is general and does not replace legal advice. Every joint ownership situation has its own particularities; the rules are those in force on the date the page was last updated (September 2026).