Do you jointly own a property with a brother, sister or former partner, and one of you wants to sell while another refuses?
This is a common situation, particularly following an inheritance or separation, and it can quickly lead to a long-term deadlock if no one takes the initiative to find a solution.
Fortunately, several options are available, ranging from an amicable agreement to a court-ordered sale.
This article explains the principle of unanimity in joint ownership (indivision), the most common causes of disagreement and the practical solutions available when one or more co-owners oppose the sale.
In summary
- In joint ownership, selling a property generally requires the unanimous agreement of all co-owners.
- The most common disputes involve heirs who disagree over the asking price or whether to sell at all, as well as former partners who remain joint owners after separating.
- The first step should always be to seek an amicable solution through discussion, mediation or the buyout of the reluctant co-owner's share through a balancing payment (soulte).
- Under French law, one or more co-owners representing at least two-thirds of the joint ownership rights may, under certain conditions, ask the court to authorise the sale.
- As a last resort, a judicial sale by auction (licitation) may be used, although this procedure involves additional costs and does not always provide the best financial outcome.
- A real estate advisor can provide an objective valuation of the property and help facilitate discussions between co-owners before legal proceedings become necessary.
The Principle of Unanimity When Selling a Jointly Owned Property
Under French law, joint ownership refers to a situation in which several people own the same property together.
Each person holds a share—for example, one-third or one-half—but no specific physical part of the property is individually allocated to them.
Joint ownership most commonly arises following:
- an inheritance;
- a property purchase by an unmarried couple;
- a divorce where the jointly owned property has not yet been divided.
The basic rule established by the French Civil Code is that the most important decisions concerning jointly owned property requireunanimous agreement, and selling the entire property generally falls into this category.
In practical terms, this means that a single co-owner—even someone holding only a minority share—can legally oppose the sale and prevent the transaction from proceeding until another solution is found.
This rule explains many of the deadlocks that arise in practice. Even a disagreement over a specific issue, such as the asking price, can prevent a sale from moving forward for months or even years.
There are, however, exceptions to this principle.
Certain day-to-day management decisions can be made by co-owners representing at least two-thirds of the ownership rights.
Historically, however, selling the property required everyone's agreement. French legislation has therefore introduced mechanisms designed to resolve some of the most difficult situations, which are explained later in this article.
Common Situations Where Joint Ownership Becomes Deadlocked
Heirs Who Disagree Over the Price or Whether to Sell
One of the most common situations involves siblings who inherit a family property, often their parents' home.
One or more heirs may want to sell quickly in order to receive their share of the proceeds, while another may want to keep the property for emotional reasons or believe that the proposed asking price is too low.
These disagreements can be particularly difficult because a family property associated with memories is rarely valued in exactly the same way by every heir.
The situation can also arise when one person directly inherits a property but its sale forms part of a wider estate involving other assets that still need to be divided.
In these circumstances, the sale needs to be considered alongside the broader inheritance process, including the rules governing joint ownership and any applicable tax implications.
Former Partners Who Remain Joint Owners After Separating
Another common situation involves an unmarried couple—or a married couple under a separate property regime—who purchased a property together.
After separating, they remain joint owners.
One former partner may want to sell the property, move on and recover their share of the capital, while the other continues to live there and refuses to sell.
These situations can be even more emotionally difficult than inheritance-related disputes.
Disagreements may involve:
- the property's market value;
- repayment of the outstanding mortgage;
- whether the property should be sold at all;
- a potential occupancy payment owed by the person who remains in the property.
Whether the joint owners are siblings or former partners, the challenge is ultimately the same: finding a way out of the deadlock without allowing the situation to continue indefinitely.
Remaining in joint ownership also has an ongoing financial cost, including property tax, maintenance expenses and insurance, which continue to be shared even when the co-owners disagree.
First Step: Seek an Amicable Solution
Before considering legal proceedings, which can be lengthy and expensive, it is almost always preferable to try to resolve the disagreement amicably.
Several options are available.
Direct Discussion and Mediation
A simple discussion, sometimes facilitated by a trusted third party such as a family notary or mediator, can often help resolve the situation.
In many cases, the disagreement is not actually about whether to sell, but rather about practical issues such as:
- the asking price;
- the timing of the sale;
- how the costs will be divided.
Mediation, whether conducted by a legal professional or a neutral real estate advisor, can help clarify everyone's expectations and identify a compromise acceptable to all co-owners.
Buying Out the Reluctant Co-Owner's Share
When the deadlock is caused by one co-owner who wants to keep the property, a common solution is for that person to buy out the shares of the other co-owners by paying them a balancing payment (soulte).
This payment corresponds to the value of the departing co-owners' shares and is generally calculated on the basis of a property valuation accepted by all parties.
The co-owner keeping the property will often need to obtain additional financing, and the buyout must be formalised through a notarised deed.
For this solution to work, however, everyone must first agree on the property's value.
This is where an objective professional valuation can be particularly useful.
An online property valuation can provide an initial indication of the property's market value, which can then be refined by a local real estate advisor with detailed knowledge of the area.
Court Authorisation with a Two-Thirds Majority
If discussions and an amicable buyout fail, French law provides an intermediate solution that can avoid a full judicial partition procedure.
Under Article 815-5-1 of the French Civil Code, one or more co-owners holding at least two-thirds of the joint ownership rights may, under certain conditions, seek court authorisation to sell the property despite the opposition or silence of a minority co-owner.
In practice, the co-owner or co-owners holding this qualified majority must formally notify the minority co-owner or co-owners of their intention to sell, generally through a notary.
If no agreement is reached within the applicable timeframe, the matter may then be brought before the judicial court.
The judge will assess whether the proposed sale would disproportionately affect the rights of the other co-owners before deciding whether it can proceed.
This procedure is subject to specific legal requirements and is assessed on a case-by-case basis.
It is therefore advisable to consult a notary or lawyer before starting the process to determine whether it applies to your particular situation.
This mechanism provides greater flexibility for resolving joint ownership disputes while continuing to protect minority co-owners, who retain the right to present their arguments before the court.
Judicial Sale by Auction: A Last Resort
If none of the previous solutions are successful, the final option is a judicial partition procedure, which may result in the property being sold by auction, known in French law as a licitation.
A licitation is a court-supervised auction. Once the property has been sold, the proceeds are divided between the co-owners according to their respective ownership shares.
Any co-owner can request a judicial partition when no agreement can be reached, based on the principle that no one can be forced to remain in joint ownership against their will.
However, this solution has several significant disadvantages.
Firstly, the procedure can be lengthy. It may take several months or even longer, depending on the court's workload and the complexity of the case.
Secondly, it generates additional costs, which may include:
- notary fees;
- legal and court costs;
- property valuation or expert fees.
Finally, a court-ordered auction can result in a lower sale price than might have been achieved through a conventional sale on the open market, as the property does not benefit from the same marketing and presentation strategy.
For all these reasons, a licitation should remain a last-resort solution, considered only after every possibility of reaching an amicable agreement has been exhausted.
Preferential Allocation for a Co-Owner Who Wants to Keep the Property
As part of a partition procedure, particularly following an inheritance, a co-owner may request preferential allocation (attribution préférentielle) of the property.
This means asking for the property to be allocated to them as a priority, provided that they compensate the other co-owners by paying them a balancing payment (soulte).
This mechanism can be particularly relevant when one of the heirs already occupies the property as their main residence or when the property has a specific family or professional purpose, such as an agricultural holding, where continuity of ownership may be particularly important.
Preferential allocation is not automatic.
If the co-owners cannot reach an amicable agreement, the request can be made before the court. The judge will then assess whether the relevant conditions are met and whether the applicant has the financial capacity to pay the amount owed to the other co-owners.
This can provide an interesting alternative to selling the property outright when the disagreement is less about whether someone should give up their share and more about which co-owner should ultimately keep the property.
Work with an Optimhome Real Estate Advisor to Obtain an Objective Valuation
Whether you are considering an amicable or judicial solution, support from a real estate professional can provide valuable objectivity.
A local Optimhome real estate advisor can provide an accurate and impartial valuation based on actual property prices in the area.
This can help remove some of the emotional pressure that often influences discussions between co-owners.
A credible, documented valuation can make it considerably easier to:
- agree on a buyout involving a balancing payment;
- determine a realistic asking price;
- bring the different co-owners' expectations closer together.
Beyond the valuation itself, a real estate advisor can also act as a neutral third party in discussions between the different parties.
They can explain the practical options available—including a conventional sale, a share buyout or potential legal proceedings—and direct the co-owners towards the appropriate legal professionals where necessary.
Once an agreement has been reached, the property can then be professionally presented and marketed to maximise the chances of achieving a sale within a reasonable timeframe and at the right market price.
Conclusion
Selling a jointly owned property when the co-owners disagree is never straightforward, but solutions are available at every stage of the dispute.
- Remember that selling a jointly owned property generally requires unanimous agreement, which explains why deadlocks are so common.
- Always prioritise discussion and mediation before considering legal proceedings, which can be lengthy and expensive.
- Buying out shares through a balancing payment (soulte) can often satisfy both the co-owner who wants to sell and the one who wants to keep the property.
- Court authorisation based on a two-thirds majority and a judicial sale by auction remain possible solutions, but they are strictly regulated and should only be considered as a last resort.
- Working with a professional can help establish an objective property value and secure the sale process, often making discussions between co-owners considerably easier.
Do not allow a disagreement to continue indefinitely. The sooner discussions begin—with professional support where necessary—the more likely you are to find a solution that works for all co-owners.
FAQ
Can One Co-Owner Block the Sale of a Jointly Owned Property Indefinitely?
In theory, yes, as selling the property generally requires the unanimous agreement of all co-owners.
In practice, however, the deadlock does not have to be permanent. The other co-owners have legal options available, including seeking court authorisation when they hold at least two-thirds of the ownership rights or initiating judicial partition proceedings.
These mechanisms can ultimately bring the joint ownership arrangement to an end despite continued opposition.
Qu'est-ce qu'une soulte et comment est-elle calculée ? What is a balancing payement ( Soulte ) and how is it calculated ?
A soulte is the amount paid by the co-owner who keeps the property to the other co-owners in compensation for their respective shares.
It is generally calculated using the property's estimated market value multiplied by each departing co-owner's ownership share, with adjustments made where necessary for any outstanding mortgage balance.
A professional property valuation can help establish an objective basis for this calculation.
How Long Does a Judicial Partition Procedure Take ?
There is no fixed timeframe, as the duration depends on the complexity of the case and the workload of the court handling it.
A judicial partition procedure, including a potential judicial sale by auction, generally takes several months and may take considerably longer when there are multiple disputes between the co-owners.
Does a Judicial Sale by Auction Guarantee the Best Price?
No. A court-ordered auction does not necessarily provide the best possible sale price.
The property generally receives less commercial marketing and presentation than it would through a conventional sale on the open market.
For this reason, a judicial sale by auction should remain a last resort after all possibilities of reaching an amicable solution have been explored.
What if the Co-Owners Agree to Sell but Disagree Only on the Price?
In this situation, obtaining several professional property valuations can help establish an objective market value based on comparable sales in the area.
A documented and well-supported valuation can often bring the different positions closer together and resolve the disagreement without requiring legal proceedings.
Can I Sell My Own Share Without the Agreement of the Other Co-Owners?
A co-owner can sell their own share of the jointly owned property.
However, the other co-owners benefit from a right of first refusal, allowing them to purchase the share as a priority under the same price and conditions offered to an outside buyer.
This option therefore allows you to sell your individual ownership share, but not the entire property.
What Happens if the Joint Ownership Results from an Inheritance That Is Blocked for Other Reasons?
If the inheritance itself is blocked—for example, because of a disagreement over the overall division of the estate or a disputed previous gift—the sale of the property may have to be postponed until the wider inheritance dispute has been resolved.
This situation is different from a simple disagreement between co-owners over whether or how to sell the property and may require specific legal support.
If you are considering buying a property in joint ownership with friends or family in the future, it is also worth anticipating these potential disagreements from the outset.
Clearly defining ownership shares, decision-making rules and exit arrangements at the time of purchase can significantly reduce the risk of a future property sale turning into a dispute.
Author :
Fabrice DOBROWOLSKI - Optimhome Network Development Director
Optimhome offers you personalized support for your real estate project. Benefit from all my advice, based on several years of experience, to ensure the success of your project.
