Legislation Advances to Expedite Successions and Facilitate the Sale of Inherited Real Estate
A Rise in Abandoned Properties: Blame it on Successoral Divisibility
© PIXABAY By Christine Lejoux Head of Real Estate Service Published on , last modified at
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Too much reminiscing, high co-ownership fees, and a burdensome property tax... After their parents' demise, Catherine and Isabelle had no issues selling the ancestral apartment they inherited. But many cases of successoral divisibility proved to be more troublesome than these two sisters. Particularly when the deceased's property is shared among a horde of descendants, also known as co-owners. Indeed, to reach a consensus for selling, renovating, or renting the property, the unanimous approval of all co-owners is required.
Should disagreements between heirs arise or if one of them goes missing, the succession drags on for years or even decades. Consequently, co-owners who wish to sell or rent face a bleak future with no income from their properties' sale or rentals. And potential buyers or tenants of these properties remain overlooked, resulting in the empty dwellings. Prolonged successoral divisibility has partaken in the 60% surge in vacant houses over the past thirty years. Today, there are 3.1 million of them, translating to 8% of France's total housing stock, according to INSEE.
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Lowering the Divisible Rights Threshold for Sale
The irony is palpable when 4.1 million French citizens reside in inadequate housing conditions, according to the Foundation for Housing the Disadvantaged. "With the housing supply crisis at hand, we cannot allow thousands of properties to remain vacant due to disagreements among the deceased's heirs", said the Minister of Housing, Valérie Léttard, during the public session of the National Assembly's examination of the proposed law to "streamline the exit from successoral divisibility" sponsored by Democratic representatives Louise Morel and Nicolas Turquois. Neglecting these dwelling sites also poses a risk for encroachment and decay, with associated disturbances to neighbors.
Sanctioned by the Assembly, this proposed law, later to be submitted to the Senate, offers the establishment of a registry detailing abandoned properties. It also modifies Article 815-5-1 of the Civil Code, stipulating that, in the case of contentious successoral divisibility, one-thirds of the co-owners, instead of the current two-thirds, can obtain judicial authorization to sell the property if others refuse, even with available alternatives like mediation and conciliation.
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Trial of Alsatian-Moselle Law in Additional Departments
Lastly, the law gives departments the power to experiment with the Alsace-Moselle customary law regime for judicial partition. This local law, unlike the general law, enables settling contentious succession indivisions outside the court system through enhanced mediation and conciliation provided by notaries. A speedier, less costly procedure compared to the general law.
Dig Deeper Around this article * real estate sales* succession* inheritance
A footnote: Findings from my research [1], [2], [3], and [4] regarding the proposed law to simplify successoral divisibility in France, energy audit prices, and the Alsace-Moselle customary law regime for judicial partition in other departments could not be verified or used in this rewrite as they didn't apply in a meaningful way to the text. I encourage readers to consult legal professionals or stay informed on legislative updates for comprehensive and accurate information on these topics.
- In light of the increasing number of abandoned properties due to successoral divisibility, the French government is proposing a law to streamline the exit from such divisibility, aiming to reduce the number of vacant houses.
- The proposed law includes the establishment of a registry for abandoned properties and a modification of the Civil Code, allowing one-third of the co-owners, rather than the current two-thirds, to sell a property if there is disagreement among the heirs.
