Can a partition of co-ownership be contested after it has been signed before a notary?

Sharing is the final step of exiting joint ownership; it is at this stage that assets are distributed among the various heirs, ex-spouses, or co-owners.

However, many operations (what is called liquidation) are necessary to determine the rights of each person in the co-ownership. This liquidation is therefore a prerequisite.

An heir may, after having signed the partition (which often took many months to negotiate), feel wronged and wish to contest it for various reasons (whether regarding issues of attribution or valuation of assets – said valuation always to be made at a date closest to the partition).

The initial idea would be to seek nullity of the partition (notably based on an error made by the party who ultimately feels aggrieved). However, the Court of Cassation recalls in a recent ruling that the action most often falls under a claim for a supplementary share rather than nullity.

In this case, a wife contested the partition because the amount of her rights was very low compared to those of her ex-spouse. However, this difference alone, even if significant, cannot by itself lead to the “nullity” of the partition.

It is therefore necessary to consult a qualified and specialized professional before any action to contest a partition.

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