Maître Cécile Zakine · Lawyer in Antibes

How to settle a co-ownership dispute?
Legal Questions Dec 06, 2022 9 min read
  Comment régler un conflit de copropriété?‍   Image Source: FreeImages‍ Vous êtes copropriétaire d’un bien immobilier avec votre conjoint ou une autre personne de confiance depuis de nombreuses années. Vous avez peut-être même versé une certaine somme à titre d’indemnité d’immobilisation. Mais maintenant, vous avez un problème. Quelque chose a mal tourné, et il est temps de trouver une solution avant que le différend ne s’aggrave de plus en plus. Qu’il s’agisse d’un minor problem or something that has grown, you need help now.The conventions of co-ownership are not always sufficient to ensure that your interests are protected and that disputes do not arise in the future. Sometimes co-owners simply cannot agree on what should happen next. This may be because one of them simply wants to take advantage of their partner and doesn't care about the other at all; or because they want different things than they actually need or want. Whatever the case, this article will give you advice on how to settle a co-ownership dispute once and for all, so that both parties can continue to live happily in peace and tranquillity, without any doubt as to who really owns what in the house, garage or land where they live together as neighbours, friends and family under the same roof...    

Do not let the argument escalate.

In most arguments, one person will try to exert more power or control over the other. In a marriage, this is usually clear, as one person is usually a man and the other a woman. In a joint ownership situation, however, it can be harder to spot what's going on. If someone is trying to take advantage of you, you need to be aware of it and get help. before the situation does not escalate. It is important to try to keep the dispute to a modest and manageable level so that one person does not feel obliged to be in a 'defensive' position. Co-owners are usually in a hurry to resolve their problems quickly and simply, as they are required to agree on certain issues within a certain timeframe. Obtaining immediate help is the best way to solve a problem from the outset, when it is still small and manageable enough to be resolved without the help of lawyers or other professionals.  

Arrange a meeting to discuss the problem.

Co-owners should meet in person and discuss any problems or disagreements that arise between them. This is the best way to get to the bottom of things and to avoid something much more serious escalating into conflict. If a meeting does not take place between two people, it is not the end of the world. It doesn't have to be a big meeting, just a meeting where you sit down and talk about the problem you are having. You can also use an online meeting service for this. This allows you to type in your comments and the other person's responses, without having to stop and read what they write. This will give you maximum time to type your comments and make your point.  

Create a written agreement outlining your common expectations.

If you are unable to meet, you can try to draw up a written agreement outlining your expectations. This step can be crucial. There may be a misunderstanding which can be cleared up by a simple written agreement. Such agreements are useful in any type of relationship and are particularly important in the case of co-ownership. Not only is it useful to know what each expects of the other, but it is also important to know what each expects of themselves. That way, if either person makes a mistake, they can easily see where they went wrong.  

Be clear about your own responsibilities and what you want to happen next.

Be clear about your own responsibilities and what you want to happen next. If you and your partner can't agree on what you own, where you live and who should do what next, you should seek legal help. But if you can write down what you expect from each other and what each of you will do, you will be much more confident in what you are doing. When you are clear about your responsibilities and what you want to happen next, you are much more comfortable in your own skin and don't feel like you have to justify your actions or take the blame for everything that goes wrong.  

Seek legal advice before signing anything.

If you and your partner are still finding it difficult to agree in writing, you can always consult a lawyer. This is a good idea, regardless of what you put in writing. It's important to get advice legal before to sign anything, even if you don't use it. This simply shows that you have taken the time to think things through and comply with the law. It will show the other person that you are serious about the matter and not just taking advantage of you. To make sure you get the better legal advice If you're not sure what's possible, you need to ask yourself a few simple questions. Who is giving you legal advice? Who do you need to get this advice from? Why are you consulting them? These questions will help you get the best advice, even if you don't have a specific situation to resolve.  

Conclusion

La copropriété peut être une belle chose – surtout lorsque vous trouvez une maison dans laquelle vous voulez vivre tous les deux. Mais elle peut aussi entraîner de sérieux problèmes. Si l’un de vous veut profiter de l’autre, ou si les deux veulent des choses différentes de celles dont ils ont réellement besoin ou envie, vous devrez travailler dur pour parvenir à un accord sur ce que vous possédez, où vous vivez et qui devra faire quoi ensuite. Me Zakine intervient dans tout la France : Antibes, Grasse, Paris, Bordeaux, Lyon, Marseille, Toulouse, ile de France, Neuilly sur Seine, Boulogne, Villepinte, Bezons, Pontoise, Toulon, Dijon, Bordeaux, Saint Tropez, Perpignan, Mont de Marsan, Rennes, Nantes, Nancy ou encore Metz et Thionville. N’hésitez pas à contecter Me Zakine to accompany you sur l’ensemble de ces questions. Me Zakine vous recevra également en visioconférence que vous pourrez fixer à votre convenance via son site internet : https://calendly.com/maitre-zakine

Frequently asked questions

How to resolve a co-ownership conflict amicably?

First try a discussion with the syndic or the co-owner. If that fails, propose mediation. A lawyer can help you draft a formal notice letter or initiate proceedings.

Can I take the court for a co-ownership conflict?

Yes, as a last resort. You can refer the matter to the judicial court for major disputes (works, charges). A lawyer is mandatory for claims exceeding €10,000.

What are the deadlines to act in co-ownership?

The deadline to challenge a general meeting decision is 2 months. For unpaid charges, the syndic can act quickly. Consult a lawyer to know the precise deadlines.

How much does a lawyer cost for a co-ownership dispute?

Fees vary: €200-400 per hour or a flat fee of €1,500-3,000 for mediation. For a trial, costs may be higher. Request a quote.

What to do if a co-owner does not pay their charges?

The syndic can send a formal notice, then initiate recovery proceedings. A lawyer can represent you to obtain payment of unpaid charges and interest.


? Calculez vos droits
Utilisez notre outil problèmes de copropriété pour évaluer vos recours en copropriété (travaux, assemblée, charges, syndic).

About This admin

Lawyer in Antibes, registered with the Grasse Bar. Intervenes throughout France. Labour law, Litigation at work. Real estate litigation and co-ownership law. Construction problems (VEFA,..)Fast, motivated and committed response. Do not hesitate to contact the lawyer in Antibes: Maitre Zakine. or to make an appointment online for a consultation.

About the author: This admin

<b>Lawyer in Antibes, registered at the Bar of Grasse</b>. Intervenes throughout France. Labour law, Litigation at work. Real estate litigation and co-ownership law. Construction problems (VEFA,..)Fast, motivated and committed response. <a href="https://www.cecile-zakine.fr/contact-devis/"><b> Do not hesitate to contact the lawyer in Antibes: Maitre Zakine.</a> </b> or to <b><a href="https://www.cecile-zakine.fr/prise-de-rendez-vous-lavocat-antibes-zakine-contentieux/"> make an appointment online for a consultation.</a></b>

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Excellent solicitor whom I highly recommend. She resolved a very complex matter for me involving a co-ownership association and its managing agent, with a clear strategy. After consulting with numerous solicitors without result, she was the only one who truly took the time to analyse the situation in depth and build a genuine strategy. Responsive, rigorous and very committed, you can trust her implicitly. Thank you Maître Zakine.
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I recommend Master Cécile ZAKINE for any real estate law matter. She accompanied me in a dispute against my property developer with professionalism. Throughout the proceedings, she provided me with detailed explanations at each stage, allowing me to fully understand the progress of my case. Her responsiveness was much appreciated, responding quickly to my questions, which was very reassuring during this stressful period. I also appreciated her regular follow-up with appropriate updates without having to constantly request them.
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Thank you Master for these clear explanations. Your analysis and your professionalism. I strongly recommend
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I asked Master Zakine to support me with questions in real estate law. I was particularly satisfied with her responsiveness and her advice. I highly recommend her!
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One can only underline the seriousness and professionalism with which she carries out her mission, Master Zakine Cecile demonstrates great legal rigour, a fine analytical capacity and a strategic sense that inspires confidence. Always attentive, she knows how to translate sometimes complex situations into clear and effective solutions; her commitment, her availability and her tenacity demonstrate that she does not merely defend: she truly supports; her work combines competence, humanity and determination, all qualities that make the difference and deserve to be recognised.
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The best for managing real estate law!!!! Thank you so much for curing my financial cancer faced with corrupt banks! My life is becoming normal again thanks to you
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Master Zakine is the only lawyer to have won in civil court in the Apollonia case. This case involving more than a thousand victims, more than a thousand ongoing proceedings!!!! This lawyer listened to me with such empathy, professionalism, expertise!! Throughout the proceedings, Master Zakine thwarted all obstacles in our path and was able to plead my case with such sincerity! All aspects of my case were mastered by this lawyer. No hesitation, she is the lawyer you need in real estate law!
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I strongly recommend Master Zakine who was able to provide me with her expertise and clear advice regarding the resolution of my dispute. She demonstrated professionalism and rigour, promptness in her analysis of the situation, as well as a great capacity for listening and empathy.
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Consulted for advice on VEFA. Maitre Zakine was a valuable source of information for me. She was also very responsive and available in our discussions.
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