Wealth transfer in France

Senator Alexandre Ouizille stated in bill number 190 dated December 8, 2025, that over the next fifteen years, more than 9,000 billion euros of wealth held by the oldest French citizens will be passed on to their children. This movement, termed the "Great Transmission," is linked to the progressive disappearance of the baby-boom generation.

CSN study highlights the phenomenon

The CSN (Supreme Council of Notaries) published a study on September 24, 2026, describing the "Great Transmission" as a historical phenomenon without precedent. The CSN estimates that approximately 6,200 billion euros of wealth is likely to be transmitted between 2025 and 2040, with nearly 68% of inheritances including at least one real estate asset, which often constitutes the main part of the transmitted wealth.

Real estate and indivision issues

Real estate assets are frequently found within an indivision, whether in the case of an inheritance or a separation. This can lead to diverging financial goals among heirs or ex-spouses, with one wishing to sell the property and the other wanting to keep it. The latter often lacks the capacity to repay the former, creating a deadlock that is likely to become more common in the next 15 years.

Legal options for indivision

According to Article 815 of the Civil Code, no one is forced to remain in the indivision, and the principle can be translated into a judicial partition action (Article 840 of the Civil Code) with the potential sale of the real estate at a judicial auction (Article 1377 of the Code of Civil Procedure). However, this outcome is often unsatisfactory for all parties, as the property's price may be discounted due to auction nature or the occupation of the property by the indivisor wishing to remain.

Preventing judicial partition

Positive law does not limit indivisors to the alternative of forced maintenance of the indivision or judicial sale. Several avenues allow for resolving the deadlock before judicial partition. The first step is to inform each indivisor about the concrete consequences of the judicial route, including the duration of the procedure, cost, risks of the auction, and loss of control over the price and conditions of the sale.

Negotiating an amicable solution

When all indivisors are present and capable, the partition can take place "in the form and according to the modalities chosen by the parties" (Article 835 of the Civil Code), by a notarized deed if the indivision concerns property subject to land registration. This freedom allows the solution to be adapted to the patrimonial situation of each, notably by assigning the property to the indivisor who wants to keep it, in exchange for a payment to the other, possibly with agreed payment deadlines.

Temporary agreements and compensation

A powerful lever can be used in the negotiation: the indivisor who uses or enjoys the indivisible property exclusively is, "unless otherwise agreed, liable for an indemnity" (Article 815-9, paragraph 2, of the Civil Code). The status quo is therefore not free for the occupant, and this indemnity can be integrated or adjusted in a global agreement. All these elements are as many negotiation levers, and blockages that should be lifted around a table.

Legal frameworks for agreement

Negotiation conducted between lawyers offers, in both cases, a structured framework. Regarding a building, the partition or transfer deed will then have to be received by a notary. When the indivisors agree on the principle of a sale but can no longer communicate, the task can be entrusted to a lawyer acting as a real estate transaction agent.

Practical advice for indivisors

It is certain that the "Great Transmission" will increase the number of indivisions involving real estate, and therefore the number of situations of deadlock due to divergent wishes. If the law guarantees each indivisor the ability to exit, it does not reduce this exit to the sole judicial partition action: it also organizes the paths to an agreement. The practical challenge is time: an amicable solution is all the more accessible as no procedure has yet crystallized the positions.