8 April 2026
A home inherited by several people may remain tied up when its owners disagree over a sale or division. France’s law of 7 April 2026 adjusts the rules for resolving these situations and managing estates with no heir taking responsibility for the assets. Published on 8 April, it will take effect on 9 April 2026, with some provisions requiring implementing regulations.
A court can authorise one co-owner to sign a sale
The amended Article 815-6 of the French Civil Code expressly allows the president of the judicial court to authorise one co-owner to sign the sale of jointly owned property alone. This puts a possibility already recognised by case law into the statute.
It does not give each owner a free-standing right to sell the property without the others. A court order is required, within the framework of urgent measures needed to protect the common interest. A family disagreement alone therefore does not automatically justify a sale: the circumstances and proposed transaction must be assessed.
A specific procedure for qualifying properties in Corsica
For certain joint ownership established by a notarised deed of notoriety under the property-title regularisation scheme applicable in Corsica, owners holding at least two thirds of the ownership rights may declare to a notary their intention to sell or divide the property.
The notary must formally notify the other owners within one month and arrange the required publicity. Those owners have three months from service of the proposal to object. If an objection is made, the court may authorise the transaction if it does not excessively prejudice their rights. In the absence of an objection, this particular procedure does not require that court application.
This rule cannot be applied to every jointly owned property in France. The notary must first check that the property and deed fall within the statutory scheme.
A broader framework for court-supervised division
The reform clarifies that the procedure can cover inheritance as well as the property interests of spouses, civil partners under a French PACS or unmarried couples. Certain complex liquidation claims can also follow this framework even where the parties no longer own assets jointly. The powers of the judge supervising division are extended, but the conditions for some interventions, including judicial auction sales, require implementing regulations.
More flexible management of vacant estates
When an estate is legally declared vacant, an appointed administrator manages it. The law permits that administrator to authorise a representative to sign a sale deed, which can ease a property sale. It also removes the requirement to sell real estate only where the sale of movable assets is insufficient and allows additional digital publicity.
For families and buyers, checking the title, each person’s rights and the appropriate procedure remains essential. The reform opens certain routes out of deadlock while retaining safeguards for the other owners.
Legal reference: Law No. 2026-248 of 7 April 2026.
Further reading : French Inheritance: A Surviving Spouse’s Usufruct Can Extend to Bare-Title Assets.
The office does not contractually guarantee the accuracy or currency of this information. For advice tailored to your circumstances, consult a notary at the office.
