Ending an undivided interest

You are the owner of an undivided property and wish to put an end to it.

In the majority of cases, the undivided ownership does not arise from the will of the parties but from a fortuitous origin. This situation cannot be imposed on the parties indefinitely.

This principle is set out in Article 815(1) of the Civil Code, which provides that “no one may be forced to remain in indivision and partition may be brought about, notwithstanding prohibitions and agreements to the contrary”.

In order to get out of indivision, the undivided co-owners must proceed to its sharing. This sharing can take several forms.

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