French Civil Code
In forceExcept in the event of dismemberment of ownership of the property or if one of the joint owners is in one of the cases provided for in article 836, the alienation of undivided property may be authorised by the court, at the request of one or more undivided co-owners holding at least two-thirds of the undivided rights, in accordance with the terms and conditions set out in the following paragraphs.
The undivided co-owner or co-owners holding at least two-thirds of the undivided rights shall express before a notary, by this majority, their intention to alienate the undivided property.
Within one month of its receipt, the notary shall serve notice of this intention on the other undivided co-owners.
If one or more of the undivided co-owners object to the alienation of the undivided property or do not come forward within three months of service, the notary shall record this in a report.
In this case, the court may authorise the disposal of the undivided property if it does not excessively prejudice the rights of the other undivided co-owners.
This disposal is carried out by auction. The sums withdrawn may not be reused except to pay the debts and charges of the undivided co-ownership.
The alienation carried out under the conditions set by the authorisation of the judicial court may be set up against the undivided co-owner whose consent was lacking, unless the intention to alienate the property of the undivided co-owner or co-owners holding at least two-thirds of the undivided rights had not been notified to him or them in the manner set out in the third paragraph.
