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Old Oct 10th 2017, 8:00 pm   #1
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Default Ca suffis. Getting out of co-ownnership?

A lot of the background is here
Leaving adult kids in uk

After several recent clashes within the family (largely, no , entirely, the fault of one party), my wife and her sister have pulled the plug on the co-ownership of their deceased mother's house in Norma

They want out. We have an appointment with our Notaire at the end of this month when we'll be back in our own house nearby,

But neither of us is clear on the process.

We want out. What do we need to know?
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Old Oct 10th 2017, 8:30 pm   #2
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Default Re: Ca suffis. Getting out of co-ownnership?

Really you need to see what your notaire says, it depends on technical factors about how the house is currently owned. But you need to find someone willing to take over the share you no longer want, unfortunately you can't just up and off and leave part or all of a house unowned. Owning a house is such a responsibility when you think about it, can all too easily turn into a bit of an albatross round your neck. Good luck Novo, hope you find an easy solution.
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Old Oct 10th 2017, 8:51 pm   #3
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Default Re: Ca suffis. Getting out of co-ownnership?

Quote:
Originally Posted by EuroTrash View Post
Really you need to see what your notaire says, it depends on technical factors about how the house is currently owned. But you need to find someone willing to take over the share you no longer want, unfortunately you can't just up and off and leave part or all of a house unowned. Owning a house is such a responsibility when you think about it, can all too easily turn into a bit of an albatross round your neck. Good luck Novo, hope you find an easy solution.
But in the absence of reasonable buy-out offers can we force the sale of the whole thing on the open market?
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Old Oct 10th 2017, 10:35 pm   #4
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Default Re: Ca suffis. Getting out of co-ownnership?

Depends what you mean by force the sale. If you mean pressure the co owners to agree to the sale, well that's between you and them. But the compromis and the acte have to be signed by all parties so if they refuse to sign, then the sale cannot go through until or unless they do.
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Old Oct 11th 2017, 7:27 am   #5
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Default Re: Ca suffis. Getting out of co-ownnership?

Quote:
Originally Posted by EuroTrash View Post
Depends what you mean by force the sale. If you mean pressure the co owners to agree to the sale, well that's between you and them. But the compromis and the acte have to be signed by all parties so if they refuse to sign, then the sale cannot go through until or unless they do.
+1
All co-owners must agree.
@Novo: If the others don't wish to buy your wife's and sil's' shares, then you can go before a Tribunal and the Juge may decide to put the property up for auction (dixit OH). Be prepared for a consultation with an Avocat after the RV with the Notaire....
Good luck!
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Old Oct 11th 2017, 8:12 am   #6
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Default Re: Ca suffis. Getting out of co-ownnership?

Quote:
Originally Posted by EuroTrash View Post
Depends what you mean by force the sale. If you mean pressure the co owners to agree to the sale, well that's between you and them. But the compromis and the acte have to be signed by all parties so if they refuse to sign, then the sale cannot go through until or unless they do.
Quote:
Originally Posted by dmu View Post
+1
All co-owners must agree.
@Novo: If the others don't wish to buy your wife's and sil's' shares, then you can go before a Tribunal and the Juge may decide to put the property up for auction (dixit OH). Be prepared for a consultation with an Avocat after the RV with the Notaire....
Good luck!
Interesting times ahead then...

We'll start with the Notaire and proceed to get estimates / evaluations from immobiliers. What a mess.

ETA: Do you know if whether, in the event that one other owner offers to buy my wife's and her sister's share, all parties have to agree?
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Old Oct 11th 2017, 9:26 am   #7
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Default Re: Ca suffis. Getting out of co-ownnership?

Quote:
Originally Posted by Novocastrian View Post

ETA: Do you know if whether, in the event that one other owner offers to buy my wife's and her sister's share, all parties have to agree?
If the property has the status of "indivision", then all parties have to agree to any sale of individual shares.
The Notaire will explain all!
P.S. Maybe you can add the outcome to the '"Inheritance" thread in the FAQs, to make "older" property-owners aware of the risks of future family clashes when they're no longer here...
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Old Oct 11th 2017, 9:35 am   #8
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Default Re: Ca suffis. Getting out of co-ownnership?

Quote:
Originally Posted by dmu View Post
If the property has the status of "indivision", then all parties have to agree to any sale of individual shares.
The Notaire will explain all!
P.S. Maybe you can add the outcome to the '"Inheritance" thread in the FAQs, to make "older" property-owners aware of the risks of future family clashes when they're no longer here...
OK. I'll have to wait for the notaire meeting... he has the dossier already since he's the one who handled my MIL's will.
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Old Oct 24th 2017, 6:36 pm   #9
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Default Re: Ca suffis. Getting out of co-ownnership?

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OK. I'll have to wait for the notaire meeting... he has the dossier already since he's the one who handled my MIL's will.
OK, we're back in France now and have the Notaire meeting on Friday. I'll post again after that.
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Old Oct 24th 2017, 8:30 pm   #10
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Default Re: Ca suffis. Getting out of co-ownnership?

Good luck Novo
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Old Oct 25th 2017, 6:13 pm   #11
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Default Re: Ca suffis. Getting out of co-ownnership?

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Good luck Novo
Ach, it's not that big a deal. We just need the ammo to understand how we can deal with one of the co-proprieters who continuously seeks to control the whole family relationship in an objectionable manner.

We don't need the proceeds from a sale of our share (although we don't simply want to give it away either).

We basically need clarity as to whether we can transfer ownership of our bit (for an agreed price) to another participant in the mix without gaining approval of the black sheep in the group.

If this proves impossible, la guerre will be lifelong. We don't like la guerre very much.
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Old Oct 28th 2017, 5:50 pm   #12
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Default Re: Ca suffis. Getting out of co-ownnership?

We met with the Notaire yesterday and are pleased to learn that if we can agree a price with a member of the indivision for our share, we don't need approval of other members to go ahead.

Tunnel. Light. End of, soon?

I also learned a new word in French to describe that behaviour of the problem member: mesquinerie.

ETA: We are also having the Notaire's evaluator to visit the property in question on Tuesday next. This will help to provide a basis for negotiation.
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Old Oct 28th 2017, 6:21 pm   #13
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Default Re: Ca suffis. Getting out of co-ownnership?

Great stuff!
Remind us - this isn't your only house in France is it? You won't be leaving us will you ?
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Old Oct 28th 2017, 7:31 pm   #14
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Default Re: Ca suffis. Getting out of co-ownnership?

Quote:
Originally Posted by Novocastrian View Post
We met with the Notaire yesterday and are pleased to learn that if we can agree a price with a member of the indivision for our share, we don't need approval of other members to go ahead.

Tunnel. Light. End of, soon?

I also learned a new word in French to describe that behaviour of the problem member: mesquinerie.

ETA: We are also having the Notaire's evaluator to visit the property in question on Tuesday next. This will help to provide a basis for negotiation.
Good news!!
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Old Oct 28th 2017, 11:31 pm   #15
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Default Re: Ca suffis. Getting out of co-ownnership?

Quote:
Originally Posted by Novocastrian View Post
We met with the Notaire yesterday and are pleased to learn that if we can agree a price with a member of the indivision for our share, we don't need approval of other members to go ahead.

Tunnel. Light. End of, soon?

I also learned a new word in French to describe that behaviour of the problem member: mesquinerie.

ETA: We are also having the Notaire's evaluator to visit the property in question on Tuesday next. This will help to provide a basis for negotiation.
Good news. Far better than a lifelong LaGuerre
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