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Inheritance & Succession

The heirs cannot agree on selling the family property — what can I do?

One sibling wants to sell, another will not discuss it, a third cannot be found. Moroccan law has an answer to this, and it is not "wait until everyone agrees".

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A parent died. The acte d'hérédité was done, perhaps years ago. Four or five of you now own a house, a flat, a plot of land. One of you lives in it. Two of you are abroad and want the money. Somebody will not answer the phone.

Nothing happens, for years, and the property quietly decays while the family relationship does the same.

Why nothing can happen

What you own is not "a quarter of the house". You own an undivided share in the whole of it — indivision. Every co-owner has rights over the entire property, and nobody owns a specific room, floor or corner.

The practical consequences are strict:

This is why a single uncooperative heir can freeze an asset worth a great deal for a decade. It is also why the law does not leave you there.

The principle nobody tells you

No one can be compelled to remain in undivided ownership. A co-heir who wants out is entitled to ask the court to end the indivision. Agreement is the easy route, not the only route.

Once you understand that, the negotiation changes character. The question stops being will my brother agree? and becomes does my brother prefer to agree, or to have a court decide? Those are different conversations, and the second one often produces the agreement the first could not.

The two court outcomes

A partition action asks the court to divide the property. There are broadly two results:

Partition in kind — the property is physically divided into lots matching the shares. The court prefers this where it is genuinely possible: a large plot, or a building that can be split into separate titled units.

Licitation — sale by auction and division of the proceeds — where the property cannot be sensibly divided. A flat cannot be cut into fifths. Where division in kind is impossible or would destroy the value, the property is sold and the money divided according to the shares in the acte d'hérédité.

An expert is usually appointed to report on whether division in kind is feasible and on value.

The honest downsides

Anyone who tells you partition is a clean win has not done one.

So partition is best understood two ways at once: as a genuine route to your money, and as the thing that makes a negotiated sale possible.

Complications that change the picture

Some of these are common enough to check before anything else:

What to try before suing

  1. Get a credible valuation, from someone with no stake. Many deadlocks are really disagreements about price, and an independent figure dissolves them.
  2. Offer to buy them out, or ask to be bought out. A share can be sold between co-owners. One sibling acquiring the others' shares is the cleanest outcome there is.
  3. Put the alternative in writing. A letter explaining, factually, that you are entitled to seek partition and licitation, that an auction usually realises less than a private sale, and that costs come off the top — is often the most effective document in the file. Not a threat; arithmetic.
  4. Deal with the occupation question explicitly. If one heir lives there, say what happens to them. Silence on that point is what hardens positions.
  5. Fix the registration if the title still names the deceased. It has to be done whatever route you take.

Only then go to court — and when you do, go properly, because a partition started badly takes longer than one started well.

What to send when you ask for help

That last answer matters more than it sounds. A lawyer can run a very different strategy for "I want my share in cash" than for "I want to keep the house in the family", and clients often have not decided which it is.

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We are not a law firm and do not provide legal advice. We are an independent referral platform that connects clients with licensed Moroccan lawyers. All legal work is performed solely by lawyers registered with the Moroccan Bar. Results are not guaranteed.