Who's Right?Inherited family home: keep it or sell it?
Published · Updated
In short
In France, no heir can be forced to stay in joint ownership: anyone can ask for the estate to be divided at any time, unless a court ruling or an agreement says otherwise. Keeping the house takes everyone's agreement and a plan for costs.
Both sides
This is the house we grew up in, with the garden Mum looked after for thirty years. Selling it three months after she died is just too soon for me. I live twenty minutes away, so I can take care of the upkeep, and we could all keep meeting there for holidays and Christmas. I'm not asking to keep it forever, just for some time.
I love this house too, but I live in Lyon and I'll only spend two weeks a year there. Between the property tax, the insurance and the roof that needs redoing, it's going to cost us every year. I need my share to buy a home for my family. Keeping an empty house out of nostalgia isn't a plan, and I don't want to pay for a place that only my sister will really use.
The verdict
Julien has the stronger case. In France, nobody can be forced to stay in joint ownership. So keeping the house only works if everyone agrees, and he doesn't. His need for the money is real and legitimate, and he's right to worry about costs: a house you keep costs money every year.
Nadia still has a point. Wanting time is reasonable: selling in a rush, while grieving, often means selling badly and regretting it. She also offers to handle the upkeep, which counts. But her plan is vague: who pays for the roof, for how long, and what if she's the only one who ever uses the house?
Where both fall short: each one defends their own option without putting numbers on the other's. Until someone does the maths, this disagreement will just keep going.
The compromise
Get the house valued by two professionals, then agree on a fixed deadline, say one year. During that time, Nadia can try to buy out Julien's share. Costs are split under a written agreement, and if nothing is settled by the deadline, the house goes on the market.
What the rules say
In France, when someone dies and leaves several heirs, the estate is held in joint ownership (indivision): the assets belong to all the heirs, but no one owns a specific part of them. Joint ownership ends when the estate is divided. Any heir can leave it at any time, unless a court ruling or an agreement between the heirs prevents it. Each heir can use the house for its intended purpose, as long as they respect the others' rights. An heir who has the house to themselves owes compensation, unless agreed otherwise (Article 815-9 of the Civil Code). Day-to-day management decisions, such as signing a residential lease, need a two-thirds majority of the shares. Selling doesn't need everyone's agreement if a court orders the sale at the request of heirs holding at least two thirds of the shares. Since the law of 7 April 2026, the court can also authorise a single heir to sign the sale of a jointly owned property alone. Heirs who want to keep the house together can sign a joint ownership agreement. It must be in writing or it isn't valid, and a notary is required when it covers real estate.
Sources:
- Succession : qu'est-ce que l'indivision ? (economie.gouv.fr)
- Succession : indivision entre les héritiers (justice.fr)
- Article 815-9 - Code civil - Légifrance (legifrance.gouv.fr)
Verified on
General information, not legal advice.
Who do you think is right?
Pick a side.
Frequently asked questions
Can one heir block the sale of the house?
Not forever. In France, heirs holding at least two thirds of the shares can ask a court to order the sale. Any heir can also ask for the estate to be divided at any time, unless a court ruling or an agreement prevents it.
My brother lives in the inherited house: does he owe us anything?
In principle, yes. In France, an heir who has a jointly owned property to themselves owes compensation, unless agreed otherwise. Put whatever you decide in writing, even if it's free use.
Can several heirs keep the house together without fighting?
Yes, by signing a joint ownership agreement that sets the rules. It must be in writing and go through a notary, since it involves real estate.
Can we rent the house out while we decide?
Yes. In France, signing a residential lease needs a two-thirds majority of the shares, not necessarily everyone. The rent can then cover the house's costs.
Can one heir buy out the others?
Yes, if everyone agrees on the price. It's often the calmest solution when one heir is attached to the house. Get professional valuations so the price is fair.
Guide Family disputes: the guide
Written with the help of AI, reviewed by the Who's Right team · This is not legal advice. How Who's Right decides
Comments
No comments yet. Be the first to give your opinion!