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Division of property of the estate - Justice


Any heir may request the sharing Fees are payable if the share is made by notarial act Sharing is the act which puts an end to the joint ownership: each heir receives his inheritance and becomes the property of the individualSharing amicable assumes in principle that all the heirs are in agreement to get out of the joint. However, if an heir refuses to participate in the distribution, the other heirs may give notice, by a bailiff, to be represented at the sharing-of-court by the person of his choice. If one of the the heirs is a minor child or a protected adult, or if it is not believed to be present, sharing amicable settlement is possible, but with amenities. The sharing consists in assigning to each heir of the property for a value equal to the value of his rights in the indivision. The lots may be of varying value to a condition to pay in compensation a sum of money (called cash) to the heirs concerned. sharing amicable settlement may be total or partial It is partial when it leaves the ownership in respect of certain goods or of certain persons. When sharing, some heirs may ask to be assigned priority to certain property of the deceased: it is the preferential allocation. The preferential assignment may include housing, vehicle and business (agricultural, commercial, craft, etc). And the spouse(s) surviving(e), or the heir, who lived in the premises at the time of death and continues to reside there, can ask the preferential allocation of housing accommodation and its furnishings. The preferential allocation is automatic for the spouse(s) survivor(e).

When sharing amicable settlement is not possible (for example in the case of objection of one of the joint owners), it is necessary to seize the tribunal of grande instance of the place of the opening of the succession.

For a estate complex, the court appoints a notary to carry out the operations of sharing and a judge to oversee these operations. If an heir requests the preferential allocation of some property, the judge will decide on a case-by-case basis. At any time, the heirs may abandon the judicial process and to continue sharing amicably if the conditions are met. In addition, a tax called the law of sharing is to pay in some sharing between co-heirs. his agreement had been extorted by violence or by deception Depending on the circumstances, the court may permit a sharing of supplementary or amending, it has been forgotten during the settlement of the succession. The heir in question may also ask the court for his share in kind or in value. An heir may also request additional in-kind or in value if it shows that the batch he received was lower in the quarter than he would have had to receive.