Forced Sale of a Property Subject to a Life Interest: A Bare Owner Cannot Compel the Life Tenant

Imagine for a moment: you are in Montargis, you inherit the bare ownership of a family home, but your mother-in-law has the life interest. You want to sell to raise cash, she refuses. What can you do? Can the sale be forced? This question is asked by hundreds of owners each year, unaware that the answer lies in a 1989 Court of Cassation decision.

In law, a life interest allows one person (the life tenant) to use the property and receive its income, while another (the bare owner) holds the reversionary interest. Their relationship is not co-ownership but a split ownership. Article 815-5 of the Civil Code allows a judge to authorise the forced sale of co-owned property. But does it apply between a life tenant and a bare owner? No, answers the Court of Cassation in this decision of 29 March 1989.

This decision, made over thirty years ago, remains relevant today. It protects the life tenant against any forced sale of the full ownership, unless the parties are in co-ownership. This crucial distinction has concrete consequences for families, particularly in Olivet and elsewhere. Let us analyse this case law together.

The Facts: A Story That Happens Every Day

Mr Allias, a resident of the Centre-Val de Loire region, dies leaving his surviving wife as his heir. By a gift between spouses, he granted her the life interest in all his property. In practice, she can live in the house, rent out rooms, and receive the rent. The couple's children become bare owners. The situation is classic: the surviving spouse retains the enjoyment of the estate, the children inherit the future value.

But tensions soon arise. The bare owners, no doubt pressed for money or wishing to wind up the estate, demand partition of the property. They want to sell the full ownership of the buildings, that is, both the life interest and the bare ownership, in order to distribute the proceeds. Problem: Mrs Y., the universal life tenant, opposes this absolutely. She intends to keep her right of use and enjoyment until her death.

The case comes before the tribunal de grande instance of Montargis. The judges, seised of an application for licitation (auction sale) of the full ownership, must decide: can they override the life tenant's refusal? The first instance court authorises the sale, holding that Article 815-5 of the Civil Code allows the judge to order partition even against the will of a co-owner, and that the life tenant is equivalent to a co-owner. Mrs Y. appeals. The Orléans Court of Appeal reverses the judgment: it refuses the licitation. The bare owners then appeal to the Court of Cassation.

The Reasoning of the Court—Analysed

The Court of Cassation, in its decision of 29 March 1989, dismisses the appeal and confirms the Court of Appeal's decision. Its reasoning is simple but fundamental: Article 815-5, paragraph 2, of the Civil Code (in its version resulting from the Law of 31 December 1976) provides that "the judge cannot, other than for the purposes of partition, authorise the sale of the full ownership of property encumbered by a life interest against the will of the life tenant". In other words, forced sale is only possible in the context of a partition. But partition presupposes co-ownership. And what is co-ownership? It is the situation where several persons are owners together of the same property, without their rights being distinct. For example, siblings who inherit a house: they are all owners of the whole house, each for a share. Between a life tenant and a bare owner, this is not the case: they have different rights in the property (one has use, the other has the reversion). There is therefore no co-ownership.

The Court states: "The partition provided for by this text implies a co-ownership, which does not exist between a life tenant and a bare owner." Consequently, the judge cannot authorise the sale of the full ownership against the will of the life tenant. No partition is possible since there is no co-ownership. The bare owners cannot therefore force the sale of the life interest. This solution is a strict application of property law: split ownership is not co-ownership. It protects the life tenant whose right, being for life, cannot be expropriated by the bare owners.

Note that this decision is part of consistent case law. Already, the Court of Cassation had ruled similarly in a decision of 20 February 1985 (Bull. civ. I, No. 70). It is therefore confirmatory and not a reversal. The arguments of the bare owners—who invoked the possibility of selling to end a deadlock—were rejected in favour of protecting the life tenant.

What This Changes for You—Concretely

If you are a bare owner, this decision imposes a golden rule: you cannot sell the full ownership without the life tenant's consent. Concretely, if you inherit the bare ownership of a flat in Olivet, and your mother has the life interest, you cannot compel her to sell. You must wait for her death to become full owner or negotiate with her to buy out her life interest. The buyout of the life interest is possible: you can offer her a sum of money (calculated according to her age and the value of the property) in exchange for her renunciation of her right. But this requires her agreement.

Conversely, if you are a life tenant, this decision is a protection. You can refuse any forced sale, even if the bare owners are in the majority or are pressing you. Your right of enjoyment is intangible as long as you live. Note, however: if you are in co-ownership with other life tenants or bare owners, the situation may be different. Because co-ownership can arise between several life tenants or between several bare owners. For example, if two persons are life tenants of the same property, they are in co-ownership with each other. In that case, partition is possible. But between a life tenant and a bare owner, there is no co-ownership.

For potential buyers, be vigilant: purchasing property encumbered by a life interest gives you only the bare ownership. You cannot enjoy it or sell it freely. Always check the extent of the split rights before signing. In case of dispute, be aware that the case law is clear: the life tenant cannot be compelled to sell.

Four Tips to Avoid This Type of Dispute

• Negotiate a buyout of the life interest upon the death of the spouse: If you are a bare owner and the life tenant is elderly, offer to buy out the life interest. The amount is calculated based on a tax scale (according to age). For example, for a life tenant aged 70, the life interest is worth about 30% of the property's value. This avoids any later conflict.
• Include a clause in the gift or will: The deceased can anticipate by authorising the sale of the property with the agreement of the bare owners, or by providing for a partition. Consult a notary to draft suitable clauses.
• In case of disagreement, use mediation: Before going to court, try family mediation. A mediator can help reach an agreement: sale of the life interest to a third party, exchange of properties, etc. The costs are lower than a trial.
• Inform yourself about the nature of your rights: Do not confuse co-ownership and split ownership. If you are in co-ownership with other bare owners, you can request partition of the bare ownership (but not of the life interest). If you are merely a bare owner facing a life tenant, you cannot force the sale of the full ownership.

Further Analysis: Related Case Law and Developments

This decision is part of a line of protection for the life tenant. Already, the Court of Cassation had ruled on 20 February 1985 (No. 83-16.320) that the life tenant cannot be compelled to sell. More recently, in a decision of 12 September 2019 (No. 18-18.808), the Court reminded that the bare owner cannot oblige the life tenant to consent to a sale, even if the property is in co-ownership between several bare owners. The trend is consistent: the will of the life tenant prevails, except in cases of manifest abuse.

One exception exists: if the life tenant commits an abuse of enjoyment (for example, deliberately damaging the property), the bare owners can apply for forfeiture of the life interest or forced sale under Article 618 of the Civil Code. But this is rare and difficult to prove. In practice, the 1989 case law remains the rule: no forced sale of the full ownership without the life tenant's consent.

For the future, the Law of 23 June 2006 amended Article 815-5, but the solution remains unchanged. The legislature did not challenge the distinction between co-ownership and split ownership. Thus, the advice given here is still valid today.

In Practice: What to Do

Checklist for the bare owner who wishes to sell:

1. Check if you are in co-ownership with other bare owners: if so, you can request partition of the bare ownership (sale of the bare ownership alone). The life tenant retains their right.
2. If you want to sell the full ownership, contact the life tenant to negotiate a buyout of the life interest. Offer an indemnity based on the tax scale (table in Article 669 of the General Tax Code).
3. If they refuse, you cannot force them. Consider selling your bare ownership to a third party (the buyer will have to wait for the life interest to end). The value of the bare ownership is less than that of the full ownership.
4. If the property is in co-ownership between life tenant and bare owner (which is rare), consult a lawyer to check if a partition is possible.

Are you in a similar situation? A 30-minute initial consultation with Maître Zakine (€45) can save you months of proceedings—and often much more. Book an appointment →