Joint Ownership of Real Estate: How It Works

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Joint ownership is an increasingly common form of property ownership, whether the property is purchased by multiple people, inherited, or acquired following a separation. Flexible and accessible, it offers many advantages, but also comes with certain limitations that it is essential to understand before committing to it.

Joint Ownership of Real Estate: How Does It Work, and How Can You Manage It Effectively?

Our real estate agency in Paris's 16th arrondissement, our CENTURY 21 Auteuil Immobilier and Auteuil Seine offices will explain how joint ownership works, its advantages, its risks, and best practices for buying, managing, or selling a property owned by multiple parties.

What is joint ownership of real estate?

Joint ownership is a legal situation in which at least two people become joint owners of the same real property, without a physical division of their shares. Each co-owner holds a share proportional to their financial contribution, but all co-owners collectively own the entire property.

This rule applies automatically in several situations:

  • Buying real estate as a group (couple, friends, family);
  • Inheritance (upon the death of a person, the heirs temporarily become co-owners);
  • Divorce or separation.

Joint ownership is often chosen for its simplicity: there are no specific formalities and no special legal entity to establish, unlike with an SCI.

How does joint ownership of real estate work?

In the case of joint ownership, all decisions regarding the property must be made in accordance with specific rules:

  • Precautionary measures (emergencies, essential repairs): a co-owner may decide on their own;
  • Decisions regarding day-to-day management (repairs, rentals, etc.): a decision requires a two-thirds majority of the undivided shares;
  • Transactions involving the disposal of property (sale, gift, mortgage): Unanimity is required, except as otherwise provided by law (Article 815 of the Civil Code).

Each co-owner must contribute to the expenses, repairs, taxes, insurance, and debts in proportion to their share.

Why buy a property as joint owners?

Buying as joint owners has several advantages:

  • No administrative steps are required: the program applies automatically.
  • Flexible financing: each person contributes whatever they wish (30/70, 50/50, etc.);
  • A wide range of coaching partners: married couples, civil union partners, cohabiting partners, friends, parents and children…
  • Equity: Everyone contributes to the expenses in proportion to their share;
  • The opportunity to purchase a larger or better-located property by pooling resources.

This solution is particularly popular among unmarried couples or those in civil partnerships because it is easy to set up.

How do you finance a joint purchase?

Co-owners can finance their purchase in various ways:

  • Each person takes an individual credit, proportional to their share;
  • A joint mortgage is taken out by all parties, who then become jointly and severally liable co-borrowers;
  • Some people finance their share through a personal contribution, others through a loan, or a combination of the two.

The shares are calculated based on each person's actual contribution (property value, notary fees, construction work, etc.) and included in the notarized deed.

Please note : First-time homebuyers are eligible for an interest-free loan (PTZ), even when purchasing a property as joint owners.

How Can You Secure Joint Ownership Through an Agreement?

A joint ownership agreement is strongly recommended to avoid disputes. It allows you to:

  • Define each person's rights and obligations;
  • Organize the management of the property (allocation of expenses, decision-making rules);
  • Provide for the appointment of a manager;
  • Determine the terms for ending joint ownership.

This agreement must be drawn up by a notary when real property is involved. It may be entered into for a renewable term of 5 years or for an indefinite term.

How do you manage a property held in joint ownership?

Day-to-day management requires good relations among co-owners.
Without an agreement, the rules are strict:

  • Urgent repairs: A co-owner may act on their own.
  • Major projects / routine decisions: two-thirds majority.
  • Sale, mortgage, gift: unanimous consent.
  • Use of the property: consent of the other co-owners and compliance with the intended use. If one co-owner occupies the property alone, he or she may be required to pay compensation.

Appointing a manager under the agreement greatly simplifies management.

How do you sell a property held in joint ownership?

To sell the entire property, the unanimous consent of the co-owners is generally required. However, if one of them blocks the sale, the other co-owners representing at least two-thirds of the ownership interests may bring the matter before a court. Pursuant to Article 815-5-1 of the Civil Code, the judge may then authorize the sale in order to resolve the deadlock. Once this authorization is obtained, the notary is responsible for notifying all co-owners of the decision.

How can you end joint ownership or buy out a partner’s share?

Each co-owner may freely withdraw from the joint ownership, unless there is a temporary agreement. The co-owner may:

  • Selling one's share to a third party or to another co-owner (co-owners have a right of first refusal) ;
  • Request the division of the property;
  • To buy out another co-owner’s share, particularly in the event of a separation or inheritance.

If the co-owners cannot reach an agreement, they may request a judicial partition.

How can you end joint ownership or buy out a partner’s share?

The co-owners must pay:

In the event of a sale, each person is taxed individually on the real estate appreciation calculated based on its own share.

How can our CENTURY 21 Auteuil and Auteuil Seine offices help you?

Are you looking to buy, manage, or sell a property held in joint ownership? Our CENTURY 21 Auteuil Immobilier and CENTURY 21 Auteuil Seine offices, located in Paris’s 16th arrondissement, can assist you with appraising a co-ownership share or a property, preparing for a joint purchase, organizing a sale of jointly owned property—even in the event of a dispute—as well as connecting you with the necessary professionals, such as notaries or lawyers. 

Our team is here to assist you with all your real estate projects. Contact us at 01 42 15 16 21 or 01 56 07 16 21, or by email: auteuil@century21.fr or auteuilseine@century21.fr.

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