Inherited house in France: how to leave a family joint ownership?

Your parents have died and the family house now belongs to you and your brothers and sisters in equal shares. One of you wants to sell, another would like to keep it, the third has lived there since the death. As long as nobody agrees on the value, nothing moves: not the sale, not the buy-out, not the calculation of what the occupant owes. This guide describes how a French joint ownership (indivision) is brought to an end, the rules of the French Civil Code that apply, and what a valuation report changes in the discussion.

What happens in practice

When the estate opens, the heirs become joint owners: each holds an undivided share of the house, and no room belongs to any one of them. The notaire (French civil-law notary) draws up the deed of inheritance (acte de notoriété), then the inheritance tax return, which records the value of the property at the date of death. That value is used to calculate inheritance tax. It does not fix the price at which the house will later be sold or bought out.

During the joint ownership, decisions are taken according to their nature. Protective measures can be taken by a single joint owner. Acts of administration, such as granting a residential tenancy, require a two-thirds majority of the shares. Selling the house requires unanimity, except in the particular case described below.

Three ways out exist. A private sale to a third party, if everyone agrees on the principle and on the price. A buy-out by one joint owner, who pays the others an equalising payment (soulte) matching their shares. A court-ordered partition, when the disagreement persists: a lawyer summons the other joint owners before the judicial court (tribunal judiciaire), which orders the partition and, if the property cannot be allocated to one of them, its sale at auction, known as licitation.

If one of the heirs lives in the house, a further question arises: the occupation indemnity that he or she owes to the joint ownership since the death, which is settled at the partition.

What French law says

Nobody can be forced to remain in joint ownership. Partition can always be demanded, unless a court has ordered a stay or the joint owners have agreed one (article 815 of the French Civil Code). A joint owner therefore cannot be blocked indefinitely by the others.

Sale by a two-thirds majority. Joint owners holding at least two thirds of the undivided shares may inform a notaire of their intention to sell. The notaire notifies the others. If they object or do not reply within three months, the judicial court may authorise the sale, provided it does not excessively harm the rights of the other joint owners. That sale takes place by licitation (article 815-5-1 of the Civil Code).

The occupation indemnity. A joint owner who uses or enjoys the undivided property for his or her sole benefit owes an indemnity to the joint ownership (article 815-9, paragraph 2). It is calculated on the rental value of the property over the period of occupation. Claims relating to fruits and income are no longer admissible after five years (article 815-10). The Cour de cassation (the French supreme court for civil and commercial matters) has restated that the rental value must be assessed over the whole period of enjoyment, not frozen at an early date (Cass. 1re civ., 1 October 2025, appeal no. 23-16.501).

Works and damage. A joint owner who has improved the property at his or her own expense is entitled to an indemnity calculated on the added value at the date of partition. One who has damaged it through his or her own fault is liable for it (article 815-13).

The valuation date. Assets are valued at the date of the division of enjoyment, as close as possible to the partition (article 829), in their condition at that date.

Preferential allocation. The heir who was living in the house at the time of death may ask for it to be allocated to him or her, subject to an equalising payment (articles 831 and following).

Court-ordered partition. The summons must contain a description of the assets, the claimant’s intentions as to their distribution and the steps already taken to reach a private partition (article 1360 of the French Code of Civil Procedure). The partition of an estate attracts a partition duty, at the rate set by article 746 of the French General Tax Code.

What a valuation report changes

The report establishes three things in a single document. The market value of the house at the requested date, defined by the Charte de l’expertise en évaluation immobilière (the French property valuation charter) as the price at which the property could reasonably be sold between informed parties (6th edition, November 2025, Title III, § 1.1), with identified comparables and explained adjustments. The rental value over the period of occupation (Title III, § 1.4), year by year if the market has moved, with a reasoned discount for the precarious nature of the occupation if one is applied. The costing of works or damage attributable to a joint owner, item by item.

The report involves a visit to the property (Charte, Title I, § 1.1). It is handed to the notaire for the deed of partition, to the lawyers for negotiation or for the summons, and to the judge in a court-ordered partition. Three formats exist: the private single-party valuation, commissioned by one joint owner; the joint private valuation, where all are invited to the visit and receive the report; and the court-ordered expert appraisal (expertise judiciaire), on appointment by the court.

What the report does not do: it does not set the price in place of the joint owners, it does not replace the lawyer for a court-ordered partition, and a report commissioned by one party alone cannot by itself found the judge’s decision if it is challenged (Cass. ch. mixte, 28 September 2012, appeal no. 11-18.710). Hence the value of the joint format as soon as a disagreement exists.

A worked example

A house in Combrit, Finistère, inherited by three children three years ago. The youngest has lived there since the death and wishes to buy the others out. An estate agent valued the house at €380,000. The youngest argues that it is worth €320,000 given the works needed.

The valuation report, after a visit and analysis of six comparable sales, arrives at €350,000 at the planned date of partition. The equalising payment owed to the other two is two thirds of that value, €233,300, or €116,650 each. Between the two opening positions, the €60,000 gap on the value represented €40,000 of equalising payment.

For the occupation indemnity, the report adopts a rental value of €1,000 per month, less a 20 % discount for the precarious nature of the occupation, so €800 per month over thirty-six months: €28,800 owed to the joint ownership, of which two thirds go to the brother and sister, €9,600 each. The youngest re-roofed the house at his own expense for €15,000; the added value at the date of partition is put at €10,000 and is deducted. The notaire has every figure needed for the deed.

Common mistakes

• Reusing the value from the inheritance tax return for a buy-out three years later, when the market and the condition of the property have changed.
• Setting the buy-out price on a valuation commissioned by the person buying out, which the others will challenge.
• Forgetting the occupation indemnity, or claiming it too late, beyond the five years.
• Offsetting damage by lowering the value or freezing the date: each item has its own legal basis and its own calculation.
• Issuing a summons for partition without having attempted a private partition, when the summons must show that this was done.

What to gather

• Title deed and deed of inheritance.
• Inheritance tax return and the value adopted at the date of death.
• Property tax notice, surveys and certificates, plans, floor area.
• Invoices for works carried out by a joint owner since the death.
• Dates of occupation and any agreements between joint owners.
• Correspondence exchanged and valuations already obtained.

Timeframe and fee

The service is a market value report, with a visit, described on the Market value page. The report is delivered three weeks after the visit. It is billed on time spent, at €65 per hour, which for a house most often means from €975. Adding the rental value for the occupation indemnity takes extra time, set out in the quote. Travel is charged at €65 per hour or part hour, return trip from PONT-L’ABBÉ. A 50 % deposit is payable on ordering, VAT not applicable (article 293 B of the French General Tax Code). For a joint valuation, the joint owners share the fee as they see fit. The full schedule is on the Fees page.