In France, 3.1 million homes are vacant according to INSEE, and some of them remain blocked due to unresolved inheritances. Faced with this situation, a bill adopted on March 6, 2025 simplifies the exit from inheritance co-ownership. You are an heir to a property held in co-ownership and want to understand the new rules applicable in 2026? This article explains inheritance law, the changes brought by this reform, and practical advice for selling a co-owned property with the support of an Optimhome advisor.
What is inheritance co-ownership?
When a person dies leaving several heirs, their real estate assets automatically enter inheritance co-ownership. Concretely, this means that the deceased’s assets belong to all heirs without their respective shares being physically divided. A family house, for example, is not physically divided between three children: each holds rights over the entire property, in proportion to their inheritance share. This legal situation may concern any type of real estate transferred through inheritance: a primary residence, a secondary residence, a rental apartment, a building plot, or even agricultural land. Co-ownership lasts until the final division of the inheritance, when each heir receives their share in full ownership or when the property is sold and the proceeds distributed.
The co-ownership regime according to the civil code
The legal framework for inheritance co-ownership is based on Articles 815 and following of the Civil Code. A fundamental principle governs this regime: no one can be forced to remain in co-ownership. In other words, any heir has the permanent right to request division at any time, unless otherwise agreed or decided by a court. Each heir, called a co-owner, holds a share in the undivided property. This share represents the fraction of rights each heir has over the entire estate. For example, if three children inherit equal shares of a family house valued at €300,000, each holds one third of the undivided rights, or €100,000 in share value. The co-ownership system involves rights and obligations for all co-owners. Each may use the property provided they do not infringe on the rights of others. Routine decisions concerning the property (maintenance work, residential lease agreements) can be taken by a two-thirds majority of the undivided rights. However, major decisions such as selling the property traditionally require unanimous agreement from all heirs, unless otherwise provided by law.
House, apartment or land: which properties are concerned?
Inheritance co-ownership can apply to a wide variety of inherited real estate assets. Individual houses and apartments in co-ownership are the most common cases. Whether it is a primary residence occupied by the deceased or a rental property generating income, all enter co-ownership upon the opening of the inheritance. Land is also concerned by this regime. A building plot in an urban area intended for future construction becomes an undivided property between heirs. Similarly, agricultural land, forest plots, or recreational land fall under the inheritance co-ownership regime. Let’s take a concrete example: three children inherit their parents’ family home. One lives in Paris, another in Lyon, and the third in Bordeaux. None wants to occupy the property, but they do not agree on the timing of the sale. Each owns one third in co-ownership, and as long as no common decision is made, the house remains under this legal status. This situation illustrates the potential blockages of co-ownership, which the 2025 reform specifically aims to resolve by facilitating sale decisions.
What is the reform of the exit from inheritance co-ownership of March 6, 2025?
On March 6, 2025, the National Assembly adopted a bill introduced by MP Louise Morel (MoDem) aimed at simplifying the exit from inheritance co-ownership. Adopted with 55 votes to 1, this reform marks a turning point for owners stuck in co-ownership situations. The text was then examined and modified by the Senate in first reading on December 18, 2025, which notably changed its title to “bill aimed at simplifying the exit from co-ownership and the management of vacant inheritances.” This reform addresses a major issue: facilitating the resolution of inheritance conflicts and helping reduce the number of vacant homes linked to blocked co-ownership situations, in a context of ongoing housing shortage in France.
Sale in co-ownership: from two-thirds majority to half of undivided rights
The main measure of this reform concerns lowering the majority threshold required to decide on the sale of a co-owned property. Until now, it was necessary to gather at least two-thirds of the undivided rights to trigger a sale without unanimous agreement from all heirs. With the new law, this threshold drops to half of the undivided rights. Concretely, if you hold 50% or more of the shares of an inherited property, you can now initiate the sale procedure, even if other co-owners oppose it. This simplification aims to unblock situations where one or more minority heirs blocked the sale, preventing others from recovering their share or enhancing the property’s value. For concerned property owners, this is a much more accessible lever that accelerates the exit from co-ownership and limits prolonged family conflicts.
The influence of the letchimy law on the new text
The Letchimy law of December 27, 2018 served as inspiration for this national reform. Adopted specifically for overseas territories (Guadeloupe, French Guiana, Martinique, Mayotte, Réunion, Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon), it already aimed to facilitate the exit from inheritance co-ownership in territories facing a multiplication of unresolved undivided properties. This law notably simplified majority rules and accelerated sale procedures. The 2025 bill directly draws inspiration from it to extend these measures to mainland France. However, the Senate removed one measure from the initial text that more closely replicated the overseas system, considering it necessary to adapt the mechanism to the specifics of mainland law and avoid unforeseen effects on corporate and business law, as co-ownership does not only concern inheritances.
New inheritance rules applicable in 2026
Beyond lowering the majority threshold, the reform provides several additional measures that will gradually come into force in 2026. Among them, the creation of a national database of abandoned properties constitutes a major development. This database will list real estate identified as abandoned through various procedures (declaration of abandoned plots, management by the State acting as curator). It will be supplied by administrations and certain regulated professions and accessible to local elected officials to help them better identify the legal status of deteriorated properties in their territory and take appropriate measures. Furthermore, the text provides for the experimental application of the Alsace-Moselle regime for five years. This local regime, combining Civil Code provisions and specific rules from the law of June 1, 1924, could offer more efficient judicial partition procedures and inspire future developments in general law.
How to exit inheritance co-ownership?
The Civil Code establishes a fundamental principle: no one can be forced to remain in co-ownership (Article 815). This rule guarantees each heir the right to leave co-ownership at any time, unless opposed by a court decision or a co-ownership agreement. Concretely, several options are available to co-owners to end this situation and recover their share.
The right to amicable or judicial partition in co-ownership
Amicable partition is the fastest and least expensive solution to exit co-ownership. It requires an agreement between all co-owners to divide the assets or sell the property before a notary. This procedure requires the signing of a notarized deed that formalizes the division and ends the co-ownership. When one or more heirs refuse amicable partition, judicial partition becomes necessary. It only takes one co-owner to bring the matter before the judicial court of the place where the inheritance was opened to request exit from co-ownership. The reform of March 6, 2025 accelerated this procedure by simplifying the steps and reducing processing times. The court then orders the division or the sale of the property to distribute the proceeds among the heirs.
Selling your co-ownership share or transferring it free of charge
If you wish to leave co-ownership alone without waiting for the global partition, you can sell your share to another heir or to an external third party. However, co-owners benefit from a right of first refusal. You must notify them of your intention to sell through an official act, and they have one month to purchase under the same conditions. If no heir responds, you are free to transfer your share to a third party. Another option is a free transfer, meaning the donation of your share to another co-owner. This solution avoids sale costs but remains subject to gift taxes depending on family relationship. It may be interesting to simplify co-ownership management or favor an heir who wishes to keep the family property. In all cases, the transfer deed must be formalized before a notary to guarantee its validity.
How long does it take to exit co-ownership?
An amicable partition, when all heirs agree, is generally completed within a few months (three to six months on average), the time needed to gather documents, carry out valuations and sign the notarized deed. Judicial partition is significantly longer: expect between one and three years on average, depending on the complexity of the case and court workload. This period includes court referral, appointment of a notary, preparation of the liquidation statement and possible sale of the property. The 2025 reform aims to reduce these delays by streamlining procedures, but the duration still depends on the circumstances of each inheritance. To speed up the exit from co-ownership, prioritize dialogue between heirs, prepare documents in advance (title deeds, technical diagnostics, valuations) and seek support from a real estate advisor and a notary. Good coordination between parties often avoids going to court and saves valuable time.
Do all heirs have to agree to sell a co-owned property?
Traditionally, selling a co-owned property required unanimous agreement from all heirs. However, the reform of March 6, 2025 introduced a major relaxation: now, the sale can be decided by a majority representing half of the undivided rights, compared to two thirds previously. This change helps unblock many situations where one or more co-owners refused the sale without valid reason. Concretely, if you hold half or more of the rights on the property, you can initiate the sale procedure by contacting a notary acting as representative. The notary must notify your intention to the other co-owners within one month of your request. This new rule greatly facilitates exiting co-ownership for heirs who want to recover their share without being blocked by family disagreements.
The co-ownership agreement for a purchase or an inheritance
The co-ownership agreement is a legal document that organizes property management rules between co-owners. It can be concluded for a maximum duration of five years, renewable by agreement between the parties. This framework clearly defines the rights and obligations of each party: who pays what, how routine decisions are made, who can occupy the property, and under what conditions. This agreement is particularly useful in two situations. When purchasing property in co-ownership between several people (siblings, friends, unmarried couples), it secures the relationship and prevents future conflicts. In the context of inheritance, it provides a stable framework to temporarily manage inherited property while heirs decide together on its future.
Co-owned house occupied by one heir: what to do?
Exclusive occupation of a co-owned property by a single heir is a frequent situation and a source of tension. When one co-owner alone occupies the family home, they deprive other co-owners of their right of use. In this case, they must pay an occupancy compensation to the other heirs, calculated based on the rental value of the property. This compensation is owed to the co-ownership as a whole and will be included in the assets to be divided when the inheritance is finalized. If the occupying heir refuses to pay or vacate the property, the other co-owners may bring the matter before the court to set the compensation amount and, if necessary, request eviction. This occupation can also complicate the sale of the property, as it reduces its attractiveness to potential buyers and often requires legal proceedings to regularize the situation.
What are the special cases between inheritance, co-ownership and usufruct?
When an inheritance is opened, certain legal configurations complicate real estate asset management. This is notably the case when a surviving spouse holds usufruct while the children hold bare ownership. In this situation, co-ownership exists over the bare ownership between the children, even if the usufructuary retains the right of use and to receive income. This coexistence between split ownership and co-ownership generates frequent practical questions, particularly regarding each party’s rights and exit possibilities.
Co-ownership between brother and sister: managing an inherited house
Inheriting a family house between siblings automatically places the property in co-ownership. Each heir holds a share proportional to their inheritance rights, without any physical part of the property being allocated to them. Disagreements frequently arise: one wants to sell to recover their share in cash, another prefers to keep the property for sentimental reasons. Several solutions can unblock the situation. Buying out shares by one of the co-owners is often the fastest option, provided they have the necessary funds. Selling the property entirely to a third party remains the preferred option when no heir can or wants to buy out the others. Finally, if the property allows it, a division in kind may be considered, physically dividing the property into separate lots. In all cases, the intervention of a notary remains essential to secure the operation and guarantee fairness between the parties.
Death of a co-owner with heirs: what consequences?
The death of a co-owner does not end co-ownership. Their own heirs automatically take their place in the undivided ownership, inheriting their share and all associated rights. This transfer can significantly complicate property management, especially if the number of co-owners increases or if new heirs have different plans from the original co-owners. The notary’s role then becomes central to organize this new configuration. They establish the deed of notoriety identifying the new heirs, update each person’s shares and ensure compliance with co-ownership management rules. If tensions arise, a co-ownership agreement may be established to set clear operating rules and avoid blockages.
Inheritance fees in co-ownership and co-ownership account with notary
Inheritance in co-ownership generates several types of costs that must be anticipated. Partition duties represent 1.1% of the value of the divided assets and apply when exiting co-ownership. In addition, there are notary fees calculated according to a regulated scale proportional to the gross inheritance assets. These fees vary depending on the complexity of the case and the operations to be carried out. The notary may also open a co-ownership account to facilitate collective property management. This dedicated bank account centralizes recurring expenses (property tax, insurance, maintenance work) and any rental income. Each co-owner contributes proportionally to their share. In case of judicial proceedings to exit co-ownership, additional costs may be added, including lawyer fees and court costs. To control these costs and secure inheritance transfer, contact an Optimhome advisor who will guide you toward the best solutions adapted to your situation.
How to sell a co-owned property with optimhome?
Selling a co-owned property requires careful preparation to avoid tensions between co-owners. The first step is to properly estimate the property. A fair valuation accepted by all heirs limits disagreements about the sale price and facilitates collective decisions. Contrary to what some believe, it is the current market value that matters, not the original purchase price. An Optimhome real estate advisor supports you in this process by carrying out a free and personalized valuation of your property. Thanks to their in-depth knowledge of the local market and monthly updated algorithms, they provide a realistic and well-argued price range. This field expertise is valuable for convincing all co-owners and moving forward calmly toward the sale deed. Beyond the valuation, your advisor guides you through administrative and legal procedures often complex in co-ownership. They help gather the necessary documents (title deed, technical diagnostics, proof of work) and coordinate signatures between different heirs. This coordination is especially important when co-owners are geographically dispersed. To facilitate this organization, Optimhome provides adapted digital tools. Online valuation offers a quick first estimate. Secure electronic signature accelerates document validation and avoids postal delays. These modern solutions simplify collective management and reduce sale timelines. Whether you are facing a vacant inheritance or a standard co-ownership situation, inheritance law imposes specific rules. An Optimhome advisor knows these constraints and adapts their support to your family situation. They ensure regular follow-up of your project and secure each step until signing at the notary. To start your co-ownership sale process, contact an Optimhome advisor near you now or carry out an online valuation of your property. You will benefit from personalized support and local expertise to turn this sometimes delicate situation into a successful transaction.
Frequently asked questions about co-ownership and inheritance
How to recover your share in co-ownership?
To recover your share, you have several options. You can request amicable or judicial partition of the property, as no one can be forced to remain in co-ownership according to Article 815 of the Civil Code. You also have the option to sell your share to another co-owner or to an external third party. In case of blockage, bringing the matter before the judicial court allows partition to be imposed. This right to partition is imprescriptible and can be exercised at any time, which guarantees your freedom to exit co-ownership whenever you wish.
How to exit co-ownership for free?
It is important to clarify this question. Amicable partition does not generate judicial procedure costs, which represents substantial savings. However, the partition duty of 1.1% on the value of the assets remains payable to the public treasury, as well as notary fees which are mandatory to formalize the deed. Family mediation may be an interesting alternative to facilitate discussions and reach an agreement without going to court. Although these steps limit costs, a completely free exit from co-ownership is impossible in practice.
What does “two thirds of undivided rights” mean in an inheritance?
Two thirds correspond to the majority required before the reform of March 6, 2025 to authorize the sale of a co-owned property without unanimous agreement from all heirs. Concretely, if co-owners holding at least two thirds of the shares wanted to sell, they could impose this decision on other co-owners. The new bill adopted by the National Assembly now lowers this threshold to half of the undivided rights, which greatly facilitates sales and allows faster resolution of conflictual co-ownership situations.
What letter template should be used to exit co-ownership?
A registered letter with acknowledgment of receipt must be sent to all co-owners to officially notify your intention to exit co-ownership. This letter constitutes formal notice that triggers legal deadlines and interrupts limitation periods. It must mention your status as co-owner, your share, and clearly state your request for division or sale of the property. In the absence of response or amicable agreement, you may then contact a notary to organize the division or bring the matter before the judicial court if the amicable procedure fails.
