Undivided share (quota-parte)
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A quota-parte is the notional fraction (for example a half or a third) that one person holds in a property owned by several, without corresponding to any specific physical part.
When a property belongs to two or more people there is , and each holds a share (Civil Code, article 1403). Someone with '1/2' of a house does not own half the rooms: they hold half of the right over the whole house. That share is the quota-parte.
Each co-owner may sell their share, but not a specified part of the property without the others' consent (article 1408).
In enforcement against only one of the owners, only that owner's share can be seized: neither the whole property nor a specified part of it (CPC article 743). That is why '1/2' or '1/3' of a property turns up at auction. If all the co-holders declare that they want it, the property is sold as a whole (article 781).
Example
Illustrative example: a house belongs to two siblings in equal shares. One has a debt and that half goes to auction with a base value of €40,000. Whoever buys it becomes co-owner with the other sibling. They do not acquire the right to occupy the house alone.
In practice, at an auction
The lower price reflects real limitations:
- The other co-owner has a and can take the share at the price of the best bid (article 1409).
- Use of the property has to be agreed with the other owners.
- No co-owner is obliged to remain in co-ownership: division can be requested, by agreement or in court (article 1412), which takes time and costs money.
- Bank credit to buy a share may not be available: check with the bank before bidding.