When an estate opens, the assets belong to all the heirs together, each for their share: this is joint ownership (indivision). It is often a source of deadlock, especially when real estate is involved.
No one is bound to remain a joint owner
Each heir can ask for partition, unless there is a temporary agreement to the contrary or a specific legal provision. Partition can be amicable, if all the heirs agree, or ordered by the court otherwise.
Amicable partition
The heirs agree on how the shares are made up, or on selling an asset and dividing the price. The agreement is put in writing, and the partition of a registered property is recorded at the land registry.
Court-ordered partition
Failing agreement, the court is seized. Where necessary it orders an expert valuation of the assets and the creation of lots. When an asset cannot be divided in kind without losing value, the court can order its sale at auction and divide the price.
Pending partition
Major decisions about jointly owned assets, such as a sale or a long-term lease, require the agreement of the joint owners under the legal rules. An heir who alone occupies a property may owe compensation to the others.
The firm's view
A well-prepared amicable partition almost always costs less, in time and money, than a court-ordered one.
Maître Malak Elimani assists heirs in negotiating an amicable partition and, where necessary, before the court. This article provides general information and is not a substitute for legal advice.
Reference texts
Further reading
- Estates and inheritance
- Inheritance in Morocco: Steps, Heirship Deed and Taxes
- Wills (wassiya) in Morocco: what they allow and their limits
- Inheriting property in Morocco: the formalities
- Remote working and the employment contract in Morocco: what to provide for
- Filing a criminal complaint in Morocco: the steps and what happens next
The information on this website is general and does not replace legal advice. Every situation requires an analysis of its own facts and documents.