Inheritance
Heirs who disagree: how to end joint ownership
After the transfer, the title is often in the name of all the heirs together. This is joint ownership, or indivision. As long as everyone agrees, it causes no trouble. The moment one brother wants to sell and a sister refuses, everything stops.
The basic rule
The Civil Code that applies in Cameroon sets a simple principle: no one can be forced to remain in joint ownership. Any heir can therefore ask for the property to be divided. The heirs can also agree in writing to stay in joint ownership for up to five years, renewable.
In practice, selling the whole property requires the agreement of every heir. The estate administrator manages the property day to day, but cannot sell it alone.
Four ways out
- Division by agreement. The heirs share out the property before a notary. On a large enough plot, each can receive a lot with its own land title, after subdivision.
- Buying out shares. One or more heirs buy the shares of those who want out. This is done by notarial deed and then registered on the title.
- Sale by agreement. All the heirs agree to sell and share the price according to their rights.
- Division by the court. If nobody can agree, one heir goes to court. When the property cannot conveniently be divided, it can be sold at auction (licitation). It is slow and expensive, and the price is rarely the best.
What usually unblocks things
In the families we work with, the deadlock is rarely about the law. It is about the price, the father’s memory, the brother who has lived in the house for twenty years without paying rent, the heirs abroad who feel left out.
What helps most is a valuation done by a third party and accepted by everyone, and a clear calculation of what each heir will receive once costs are paid. Keep the exchanges in writing too, shared with the whole family, including those who live far away.
For heirs who live abroad
Not answering doesn’t protect your share. A file that drags on costs money in penalties and upkeep, and sometimes in occupation with nothing in return. If you want out of joint ownership, you can sell your share to the other heirs or ask for division, signing by power of attorney.
And if the transfer after death has not been done yet, that is where to begin: the steps are set out here.
A family property stuck? Tell us the situation: the property, the heirs, who wants what. We’ll tell you which options are open and what they cost.
This article gives general information. It does not replace advice from a notary or a lawyer on your own file.
Manfred Gabriel Njoh
Founder of Henser Group, consultant in Douala since 2011. He follows each file himself, from the first visit to signing at the notary’s office.
