Terminate Property Co-ownership - Force Property Sale in France

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The advocate was very committed and (which is the most important) successful.

Nathalie Gysi
04 Nov 2024

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Service Details

Terminate Property Co-ownership - Force Property Sale

This service is available across France

Who Is This Service For?

For individuals or entities facing a co-ownership scenario in France and looking to compel the sale of jointly owned property, the process is structured and regulated, reflecting the complexities of managing shared ownership.
This service is tailored to guide you through the legal avenues available for initiating and successfully completing a forced sale of property held in co-ownership in France.
Co-owners in France who are unable to reach a unanimous decision regarding the sale of a property.
It is particularly relevant for those holding at least a two-thirds majority of the property's ownership and are seeking to sell the property against the wishes of the minority owners. Any lower a proportion of ownership requires a court order.

Prerequisites

Ownership Documentation: Proof of property ownership and any existing co-ownership agreements.
Identification Documents: Valid identification for all parties involved in the co-ownership.
Legal Grounds: Justification for the termination request, whether it's based on personal desire, financial considerations, or legal disputes.

Procedure: Our Approach

Initial Assessment and Strategy Planning: Conduct a thorough review of the co-ownership agreement and any relevant documents. Determine the exact shares each co-owner holds and assess the overall situation to strategize the most effective approach for initiating the forced sale.
Gathering Consent: Efforts are made to gather the necessary two-thirds consent among the co-owners, a crucial step before moving forward with any legal processes.
Declaration to a Notary: Formally declaring the intent to sell the property in front of a notary, which is an essential step in making the intentions clear and legally documented. The notary then notifies all co-owners, providing them with the opportunity to express their agreement or opposition within a specified timeframe.
Dealing with Opposition: If opposition from minority owners is encountered, we prepare to address this through legal channels, ensuring that our client's rights and interests are vigorously represented.
Legal Proceedings for Forced Sale: Filing a petition with the competent judicial authority, typically the Tribunal de Grande Instance, to seek a forced sale order. This involves detailed preparation of the case, including gathering and presenting evidence, legal arguments, and any other relevant documentation.
Court Representation: Representing the client's interests during court hearings, offering robust legal advocacy to obtain a decision in favour of the forced sale. This step may involve several hearings and extensive negotiations with all parties involved.
Finalizing the Sale: Upon receiving a court order for the forced sale, coordinating with the notary, the court-appointed auctioneer, or the real estate agents to organize the sale process. Ensuring that the sale process is transparent, fair, and yields the best possible financial outcome for our client.
Distribution of Proceeds: Once the sale is concluded, overseeing the distribution of the sale proceeds according to the co-owners' shares as determined by the court or as per the original co-ownership agreement.
Resolution and Closure: Finalizing all legal and administrative tasks to dissolve the co-ownership structure, ensuring that our client's legal and financial interests are fully resolved.

Benefits - Why Choose Our Service

Expertise in French Property Law: Our legal professionals specialize in French co-ownership laws, ensuring informed and strategic advice.
Bespoke Legal Solutions: Tailored approach to meet the unique needs of each co-ownership situation, whether through negotiation or litigation.
Comprehensive Support: From initial consultation to the final resolution, we provide continuous support to navigate the complex legal landscape.

Key Features of this Service

Guidance through the notarial declaration of intent to sell.
Legal representation in cases of opposition and court proceedings.
Expert advice on navigating the specific requirements and exceptions in French law regarding forced sales.
Support in understanding and executing the judicial partitioning and auction processes, if necessary.

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include: