House in undivided: a possible sale in which cases?

In its reply, the Ministry recalls that, according to article 815-3 of the Civil Code, the unanimity of the owners is necessary to accomplish the sale of such a property.

However, in order to avoid blockages, there are situations where the sale of a property in undivided form is possible (an emergency or a threat to the common interest).

It is also possible to achieve the sale of this type of property at the request of the indivists holding at least 2/3 of the individ rights (knowing that in case of silence or refusal of the latter within 3 months from the notification of the project, this sale must be authorized by the court of first instance).

As a result, the department indicates that it has not yet considered regulatory developments at this level.

Finally, the Ministry points out that, in the face of this type of situation which may hinder the finalization of certain urban development projects, municipalities have other legal solutions (expropriation procedure for reasons of public interest, pre-emption rights).