Don't let joint ownership get bogged down
When faced with disagreements, it's tempting to do nothing to avoid rekindling family tensions. However, prolonging indivision in inheritance often means prolonging conflicts and aggravating blockages. An uninhabited house can generate maintenance costs, lose value and become a source of anxiety for all the heirs concerned.
So it's vital not to wait for the situation to deteriorate before taking action. From the very first difficulties, the support of a notary is invaluable. Thanks to his or her expertise, he or she can analyze the issues at stake in terms of assets and relationships, open a constructive dialogue and suggest appropriate solutions.
Understanding sources of stalemate
Disagreements between co-owners can have various origins: emotional attachment to the property, disagreement over its value, personal conflicts... All these factors complicate the sharing process. Indivision, which was intended to be transitional, then becomes a rigid and paralyzing framework.
As long as the division is not implemented, no important decision can be taken without everyone's agreement. This can take years and generate frustration and misunderstanding. Fortunately, there are ways out, starting with dialogue.
The role of the notary in unblocking indivision of inheritance
When relations between heirs remain peaceful, an amicable solution is always preferable. Here, the notary plays a central role. He helps the parties to consider all possible options: selling the property, arranging for one of the undivided co-owners to buy back the shares, allocating the property preferentially to one of the heirs, or drawing up a temporary joint ownership agreement to govern the management of the property.
These negotiated solutions often avoid long and costly litigation. But in the event of a total impasse, there is still the option of legal action.
Judicial division: a last resort
By law, no heir can be forced to remain in joint ownership. If no amicable solution can be found, it is possible to apply for legal partition. The judge can then order the sale of the property, appoint a notary to organize the division, or set the terms of exit.
Although this procedure can be time-consuming, it is often the only way to break a deadlock. It enables everyone to regain their rights and move on from a situation that has become sterile.
Preserving relationships while moving forward
Leaving joint inheritance does not mean breaking with your family. On the contrary, it can restore a healthier balance. By anticipating tensions, consulting a notary and using the legal tools available, it is possible to achieve a fair division that respects everyone's wishes.
Case in point:
Following the death of their mother, Marc, Julien and Thomas inherit a seaside house together. Each has a different vision: Marc wants to sell, Julien is considering renting, and Thomas refuses to get involved. Thanks to the notary's intervention, a solution emerges: Julien buys out his brothers' shares via a bridging loan. The undivided ownership ends, the house stays in the family, and everyone regains their freedom.