Joint inheritance: management rules, majorities and exit

Until the estate is divided, the deceased's assets belong to all the heirs: this is known as joint ownership of the estate. The rules governing decisions depend on the specific action. An heir can act alone to retain ownership of an asset. Day-to-day management requires a two-thirds majority of the undivided shares. Selling or giving away real estate requires unanimous agreement. Joint ownership can be terminated at any time by transferring one's share or requesting a division of the estate, unless otherwise stipulated by court order or agreement. Joint ownership ends with the division of the estate.

This page describes these rules as presented on service-public.gouv.fr. It does not cover the content of the law of April 7, 2026 on exiting joint ownership (see below), nor the taxation of the division, nor how to calculate each heir's share, nor the rules specific to overseas territories.

What is joint ownership of an inheritance?

Before the division of the estate, the deceased's assets belong to all the heirs. Joint ownership only exists if the heirs have rights of the same nature to the same asset.

Law of April 7, 2026: what this page doesn't say

Law No. 2026-248 of April 7, 2026, "aimed at simplifying the exit from joint ownership and the management of unclaimed estates," was published in the Official Journal on April 8, 2026. According to Légifrance:

• Article 5 amends Article 815-6 of the Civil Code; ;
• Article 7 amends Articles 840 and 841 of the Civil Code and repeals Article 841-1.

The details of these changes and their effective date are not included here. The service-public.gouv.fr information sheet consulted for this page, verified on April 16, 2026, cites the law without describing its effects. Before making any decision regarding a threshold, deadline, or procedure, have the applicable rule verified by a notary.

Who decides, and by what majority?

Two points of clarification:

• The majority is measured in rights, not heads. With four co-owners with equal shares, the agreement of three of them is required.
• The decision must be communicated to the other co-owners. Otherwise, it is not enforceable against them.

Unanimous exceptions

Unanimity is not required when a co-owner is unable to express their will. Nor is it required when a co-owner jeopardizes the common interest.

When the heirs disagree

Several legal options are available before the court:

• The judicial sale. The court may order the sale of jointly owned property at the request of co-owners holding at least two-thirds of the undivided rights. This possibility is subject to exceptions, detailed on the service-public.gouv.fr information sheet.
• Sale by a single co-owner. The court may authorize it when urgency and the common interest require it.
• The court-appointed representative. In the event of disagreement, an heir can petition the court to appoint a judicial representative.

These legal remedies are described according to the information sheet on service-public.gouv.fr. The law of April 7, 2026, amends Article 815-6 of the Civil Code (see above): its content is not reproduced here. Verify the applicable rule before taking any action.

The joint ownership agreement

The heirs can organize the joint ownership through an agreement:

• It must be in writing, list the jointly owned assets and specify the rights of each heir; ;
• If the estate includes real estate, it must be drawn up by a notary; ;
• its duration can be fixed, up to a limit of 5 years renewable, or indefinite; ;
• She can appoint a representative. All the heirs must agree to this appointment. The representative provides an annual report. According to the document, they cannot transfer ownership of any asset (for example, sell real estate).

Occupy the property alone

A co-owner who uses the property alone must pay compensation to the other co-owners, unless the latter decide otherwise.

Exiting joint ownership

Selling your share

A co-owner wishing to transfer their rights to a third party must notify their intention through a bailiff's writ. The other co-owners have one month from the date of notification to reclaim their share. The co-owners or their heirs may request the annulment of the sale within five years from the date they became aware of it.

Request sharing

A co-owner can withdraw at any time, unless prohibited by a court order or an agreement between the co-owners. Joint ownership ends with the division of the estate. The division is retroactive: the recipient is considered the owner from the day of the death of the person from whom they inherit.

These rules are those found on the service-public.gouv.fr website. The law of April 7, 2026, amends Articles 840 and 841 of the Civil Code and repeals Article 841-1; their content is not reproduced here. Verify the applicable rule before initiating any division of assets.

Remaining in joint ownership by court order

In the event of disagreement, the court may maintain the joint ownership. If granted, this maintenance cannot exceed five years. It is renewable in certain cases. This information sheet specifically addresses a business operated by the deceased or their spouse, or a residential or commercial property used by the deceased or their spouse at the time of death.

Numerical example (fictitious profile)

Situation. Four heirs, Camille, Paul, Léa and Marc, receive a rented apartment. Hypothetical scenario: their undivided shares are 40 %, 30 %, 20 % and 10 %, and the apartment is rented under a residential lease.

Issue. The residential lease is expiring and Marc wants to sell.

Strategy. Compare each request to the threshold it requires: 2/3 of the rights, i.e. 66.67 % (rounded to 2/3), to renew the residential lease; unanimity to sell the apartment.

Result.

Camille and Paul, together, can decide to renew the lease. They can also ask the court to sell the apartment, subject to exceptions to this possibility. Without Camille, no combination reaches 66.67 %: the three others combined only total 60 %. For a sale by agreement between heirs, Marc cannot do without the three others: unanimity is required. Any co-owner who holds more than one-third of the rights can prevent a two-thirds decision.

This profile is fictitious. The shares of 40, 30, 20, and 10 (%) and the residential lease are hypothetical. The calculation illustrates the majorities. It does not predict your situation.

What changes depending on your situation

• The rights of each, which determine the majorities.
• The nature of the goods : a building requires a notary for the agreement and unanimity for the sale.
• A co-owner unable to express their will or which jeopardizes the common interest.
• The existence of an agreement or a judgment which frames the exit.
• The presence of a business operated, or of residential or professional premises used, by the deceased or his/her spouse, which can form the basis of a request to maintain joint ownership.
• The law of April 7, 2026, the content and effective date of which should be checked on your file.

The rule depends on your situation. No results are guaranteed.