Judicial division (partage judiciaire) occurs when you have been unable to agree on the terms of the division of the deceased’s estate.
The principle of judicial division
Under the principle that “no one can be compelled to remain in joint ownership (indivision)” (Article 815 of the French Civil Code), you can request division at any time. Going to court is sometimes necessary:
- If you disagree on the very principle of the division (e.g., heir status), on the valuation of the assets or on the allocation of the lots (e.g., contested preferential allocation, attribution préférentielle);
- If one of the heirs refuses to take part in the amicable division;
- If one of the heirs is a minor or a protected adult and the amicable division cannot be authorized.
Proceedings before the judicial court
The proceedings are initiated by a summons (assignation) before the judicial court (tribunal judiciaire) of the place where the estate was opened (usually the last domicile of the deceased). Representation by a lawyer is mandatory.
Once the matter is before it, the court often appoints a notary as liquidator. This professional is responsible for drawing up a complete statement of the estate of the deceased (assets and liabilities), valuing the assets comprising the estate (real estate, personal property, accounts, etc.), determining the rights of each of the heirs and proposing the composition of the lots to be divided.
If agreement on the allocation of the lots still remains impossible, the lots are allocated by drawing lots. However, certain requests may justify preferential allocation (e.g., for the family home or for the running of a business by one of the heirs). These requests must be substantiated and demonstrate a personal connection or an economic benefit.
I assist you in defending your rights in the estate, in order to legally secure all operations (liquidation, valuation, allocation) and to help you obtain a fair division, in France and abroad.
This general information does not replace a consultation: each situation requires individual assessment.
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