Succession: undivided between heirs

Legal regime

In general, you and the other heirs make decisions about the undivided property or to theunanimity, i.e. a 2/3 majority.

In rarer cases, a undivided can make the decision alone.

The rules differ depending on the type of decision to be taken.

In case of disagreement, you or any other heir may apply to the court for the appointment of a judicial representative. The trustee will be responsible for managing the estate temporarily.

Convention

You and the other heirs may decide to establish an agreement to set the rules of operation of the joint venture.

The agreement must comply with the following conditions:

• Be established in writing
• List the assets of the undivided entity
• Specify the rights of each heir (also called undivided).

The agreement may have a fixed duration, up to a maximum of 5 years renewable. It may also be fixed for an indefinite period.

To manage the indivision, you and the other heirs can appoint one of you or another person. This person is called the agent. There may be several agents. You can provide for its designation in the agreement. You can also make the decision later.

Each year, the agent must report to you on its management.

He can be paid. If this is the case, his remuneration is the responsibility of all the members.

The agent cannot transfer ownership of property to the beneficiary of his choice. For example, he is prohibited from selling real estate.

Use of undivided property

To use the undivided property, you must meet the following 3 conditions:

• Have the agreement of the other co-owners. If this is not the case, you must contact the president of the judicial tribunal
• Respect the destination of the good, that is to say what the good is made for. For example, a co-owner cannot convert a house built to be inhabited into a commercial space
• If you are using an undivided property alone, pay compensation to the other joint and several shareholders, unless the latter decide otherwise.

Assignment of rights in undivided form

You or another shareholder may sell your rights in undivided status under certain conditions.

If the purchaser is a third party to the joint and several, you must, beforehand, notify by act of the commissioner of justice (formerly judicial officer and judicial auctioneer) your intention to transfer your rights to the other members of the indivision. You must also notify the price, the terms of the proposed transfer and the name, domicile and profession of the person who proposes to buy.

The other joint shareholders remain priority to buy the share you give up. Indeed, any joint shareholder may, within the1 month following the notification, let you know that it takes back your share at the prices and conditions that have been notified to it.

Keeping in the indivision

If the co-owners disagree, the court may maintain the undivided status to protect their interests.

Judicial retention in undivided status may include the following situations:

• Company operated by the deceased or his spouse
• Residential or business premises used by the deceased or his or her spouse at the time of death.

In the presence of a minor heir, the application for continued undivided status may be made by the surviving spouse, a major heir or the legal representative of the minor heir. If there is no minor heir, the application must be made by the surviving spouse.

The request must be addressed to the court of the place where the property is located.

If granted, the retention in undivided status may not exceed 5 years. It is renewable in certain cases (for example until the youngest child reaches the age of majority or until the spouse dies, as the case may be)