Selling an Inherited House in Corsica: The Guide to Resolving Indivision Without Conflict
A village house in Sartène, a sheepfold in the Alta Rocca, an apartment in Bastia… In Corsica, family heritage is often passed down to multiple heirs. The result: properties held in 'indivision' (joint ownership), sometimes stuck for years due to a lack of agreement. This guide provides the complete method to sell legally, at the right price, and preserve family relationships.
Indivision in Corsica: A Near-Commonplace Situation
On the island, a large portion of the old housing stock is held in 'indivision successorale' (joint ownership following an inheritance), sometimes for two or three generations. As long as no joint owner wishes to sell, the situation can continue. However, as soon as one heir wants to reclaim their share, everything becomes complicated: selling an undivided property requires the agreement of joint owners representing at least two-thirds of the rights, or a court decision.
The good news: 'no one can be forced to remain in indivision' (Article 815 of the Civil Code). Every heir can trigger the division of assets. However, it must be done methodically.
Step 1: Securing the Succession Declaration and the Notaire
Before any sale, the inheritance must be settled with the 'notaire' (a specialist property lawyer): a 'déclaration de succession' (inheritance tax return) must be filed within 6 months of the death, and an 'attestation de propriété' (certificate of ownership) established. In Corsica, where family genealogies are sometimes complex and titles old, the notaire plays a central role—there is, in fact, no official list 'better' than local word-of-mouth: choose an office accustomed to rural Corsican successions.
The notaire will identify all beneficiaries, including distant heirs or those living on the mainland—a sensitive point: an untraceable joint owner can block a sale for months.
Step 2: Valuation, the Key to Family Agreement
90% of joint ownership conflicts arise from a disagreement over price. The solution: a professional and evidence-based valuation, supported by actual sales data (DVF database) and local comparables. Avoid a 'gut feeling' estimate from a cousin or the average of three contradictory opinions.
At Corse Patrimoine Immobilier, the valuation of an undivided property is carried out on-site, with a written report that serves as a neutral reference between heirs. It is often this document that unlocks the consensus.
Step 3: Sell, Buy Out the Share, or Auction?
Three possible scenarios. A classic 'vente amiable' (amicable sale): all joint owners sign, and the price is shared pro-rata according to rights. Buying out shares: one of the heirs (or a third party) buys the shares of the others—this is an 'licitation amiable' (amicable buyout). Finally, in the event of a long-term deadlock, a sale by 'licitation judiciaire' (court-ordered auction), which is longer (12 to 24 months) and often results in a lower price.
Our advice: exhaust the amicable route. A judicial sale costs an average of 10% to 15% of the price in fees and devalues the property. A mandate entrusted to a neutral and locally recognised agency defuses 9 out of 10 conflicts.
Taxation: Capital Gains for Heirs
Each joint owner is taxed on their share of 'plus-value' (capital gains), calculated against the value recorded on the day of death (not the price paid by the deceased). Tapered relief for the duration of ownership: exemption from income tax after 22 years, and from social levies after 30 years—the clock starts from when the property entered the deceased's estate.
A common specific case in Corsica: an inherited house that was the primary residence of the deceased parent. If one of the heirs was living there for free on the day of death, they may benefit from the primary residence exemption on their share.
Specific Corsican Pitfalls
Watch out for adjacent land not correctly registered in the 'cadastre' (land registry), customary grazing or access rights, and village houses with shared roofs. These issues must be resolved before listing the property, or they risk blocking the sale at the notaire's office at the time of the deed.
Another point: if the property is rented or occupied by a family member, their status must be clarified in writing before the sale.
Frequently asked questions
Can you sell an inherited house if one heir refuses?
Yes, under two conditions: gathering the agreement of joint owners representing at least two-thirds of the rights, or petitioning the court to trigger the division. No one can be forced to remain in joint ownership.
How long does it take to sell an inherited property in Corsica?
Allow 3 to 6 months if the succession is settled and heirs agree. In the case of a legal deadlock, 12 to 24 months.
How is capital gains tax calculated on an inherited house?
On the difference between the sale price and the value declared at death, with progressive reductions: full tax exemption after 22 years of total ownership (deceased + heirs).
An heir is living in the house: can we still sell?
Yes, but their occupation must be clarified (rent-free occupation or tenancy). The property will be sold vacant or occupied, which impacts the price by 10% to 20%.
Translated from our French edition — figures and legal terms are French law.
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