Inheriting real estate is a reality for many French families. Whether it's a family apartment, a country house, or a prestigious residence, transferring property raises legal, financial, emotional, and estate-related issues. For both heirs and testators, it is essential to understand the key concepts and obligations associated with this transfer.
Marseille, the Phocaean city, continues to attract an international clientele in search of luxury real estate investments.
The real estate agency Christophe Falbo Properties, based in Marseille and specializing in high-end properties, offers an exclusive selection of properties in sought-after areas such as the Old Port, the Calanques, as well as the bohemian districts of the 6th and 7th arrondissements.
Our property portfolio extends from Saintes Maries de la Mer to Cavalaire-sur-Mer, offering charming houses, architect-designed villas and vineyard estates overlooking the magnificent Mediterranean bay.
Real estate inheritance disputes: how to avoid or resolve them?
Inheriting real estate can be a significant event, often filled with emotion and family memories. However, behind the inheritance process sometimes lie tensions, even outright deadlocks, especially when multiple heirs must make joint decisions. How can conflicts be prevented? What should be done in case of disagreement? Here is a practical guide to help you see things more clearly.
🧩 1. Joint ownership: a frequent source of tension
When several people inherit a property together, they find themselves in joint ownership . This means that they are co-owners in equal shares (or according to the shares stipulated in the inheritance) and must make decisions together.
Problems often arise when:
One wants to sell and the other doesn't;
One heir lives in the property without paying compensation to the others;
Some costs (maintenance, property tax, repairs) are not shared equally.
💡 Good to know: As long as the joint ownership continues, no decision can be made without the agreement of all (or a qualified majority for certain decisions).
❌ 2. Sell or keep? When the heirs disagree
The most common dilemma arises when one part of the family wants to sell the property quickly to get their share, while another member prefers to keep the home , often for emotional or financial reasons.
This type of conflict can lead to:
Lasting legal obstacles;
Deteriorated family relationships;
A loss of value of the property if the situation drags on.
🛑 Warning: The deadlock can last for years if no agreement is reached. During this time, the property can deteriorate and expenses can accumulate.
⚖️ 3. The role of the notary: to prevent and support
The notary is often the first point of contact in inheritance matters. Their role is to clarify everyone's rights , draw up the necessary documents (division of assets, certificate of ownership) and propose a solution to the joint ownership.
Its missions:
Verify the validity of the property titles;
Evaluate the property (via a real estate expert if necessary);
Establish a deed of partition if all the heirs agree.
✅ Tip: Anticipating conflict by appointing an agent (or designating a manager of the joint ownership) can allow for smoother management of the property.
🗣️ 4. Family mediation: a peaceful alternative
When tensions rise, calling on a family mediator often makes it possible to resolve the situation without going through a lengthy trial.
Mediation allows for:
To restore dialogue in a neutral setting;
To discuss the financial but also emotional stakes of the dispute;
To find a solution that respects everyone's interests.
👨👩👧 It is particularly useful when the situation is sensitive (e.g., an heir lives in the house, or has invested personally in it) and relatives can no longer talk to each other.
🏛️ 5. Recourse to the probate judge: as a last resort
If no agreement is reached, the judicial court (and more specifically the judge of protection disputes) can be called upon to decide.
The judge may:
Ordering judicial partition : the property will be sold at auction or allocated to one of the heirs against compensation;
Appoint an expert or notary to manage the sale or to assess the property;
Sanction abusive behavior or unjustified blockages.
⚠️ Going to court should remain a last resort , as the procedures are long, costly and often painful for the family.
💡 Key takeaways
| Situation | Preventive or curative solution |
|---|---|
| conflictual joint ownership | Notarial deed of management or amicable sale |
| Disagreement over the sale | Family mediation or appointment of a representative |
| Heir occupying without compensation | Claim for occupancy compensation before the judge |
| Total blockage | Referral to the court for the dissolution of joint ownership |
🧭 "Real Estate Inheritance" Series: taxation, SCIs (French real estate investment companies), contested inheritances, renovation of inherited property
Our comprehensive report on the topic of real estate inheritance.
Real Estate Inheritance File
The emotion of a gift passed down
Inheriting real estate is often a highly emotional experience. Whether it's a family manor, a Provençal farmhouse, or a Haussmannian apartment , these properties embody a history, a lifestyle, and sometimes a generational connection. But inheriting real estate is not simply about emotional transfer: it also raises legal, tax, and strategic issues that must be fully understood.
🧭 "Real Estate Heritage" Series – Charming Properties
1. Inheriting real estate: Understanding the fundamentals
Key legal concepts (inheritance, wills, joint ownership)
The stages of real estate inheritance
Inheritance taxes and allowances in effect
The decision to accept or reject an inheritance
📌 Target audience : Potential heirs, property-owning families
2. Passing on a prestigious property: the best strategies
Simple donation, shared donation, division of ownership
Advantages of the SCI (Société Civile Immobilière) for family property
Preparing for a smooth succession in a blended family
Concrete examples and heritage schemes
📌 Target audience : Owners of older, high-end, or multi-generational properties
3. Managing an inherited property: restore, rent, sell or keep?
Technical diagnosis of the inherited property
Renovating without altering the character: with or without an architect from the French Buildings Authority
Charming furnished or seasonal rental
Resale: when and how to use a specialist agency
📌 Target audience : New owners or co-owners wishing to increase the value of a property
4. Taxation and assistance for inherited properties
Transfer taxes and post-inheritance taxation
Possible tax relief for historical monuments
DRAC or Heritage Foundation grants and subsidies
Tax deductions for renovations and maintenance
📌 Target audience : Heirs or owners of a listed or registered property
5. Real estate inheritance disputes: how to avoid or resolve them?
Conflictual joint ownership
Disagreements over the sale or retention of the property
Using a notary or mediation
Arbitration and the role of the probate judge
📌 Target audience : Families in dispute or in a deadlock regarding a property
6. Testimonials: They inherited an exceptional property
Stories from individuals who inherited castles, manor houses, and family villas
Successful transformations (guest house, seasonal rental, renovation)
Failures avoided thanks to expert guidance
📌 Target audience : General public, future heirs, heritage enthusiasts
7. The emotion of the place: real estate heritage as family memory
The role of place in the transmission of values
Preserving the soul of the family home
Restore with respect
Intangible heritage (archives, objects, photos, stories)
📌 Target audience : Families attached to sentimental and historical heritage
Why Choose Charming Properties?
🌍 International Visibility
Reach qualified buyers worldwide with our targeted and international audience, ideal for luxury properties.
📈 Optimized SEO
Your ad is positioned at the top of search results, for maximum visibility and faster sales.
📸 High-End Photos Recommended.
Professional visuals are essential for making a great first impression. We help you showcase your property with quality images.
💰 Direct Sale, Zero Commission.
List your property without an agency and keep 100% of the sale price. Total control, flexibility, and direct contact with buyers.
🛠️ Marketing Support:
We write and optimize your ad for search engines. You provide the information, we take care of the rest.
📬 Easily Submit Your Listing:
Send us your description, photos, and energy performance certificate (DPE) via WeTransfer. We will verify your property according to our quality standards.
⚠️ Legal Compliance
Mandatory display of the DPE for all properties in France: we systematically integrate it into your advertisement.
💶 Simple and Transparent Pricing
Fixed-price publication, commission-free
Premium visibility options
Connecting you with professional photographers
➡️ Customized offers available upon request
We can call you back quickly and give you all the information you need. A sales representative will contact you.