L’effectivité des lois sur la sortie de l’indivision successorale en Outre-mer atlantique

Abstract

40% of land would still be paralyzed by joint inheritance in Guadeloupe or Martinique. This problem is not specific to the French West Indies, it is also found in other overseas territories or communities (Reunion, Mayotte, etc.) but also Corsica. Thus, in recent years the overseas regions have benefited from legislative inflation aimed at getting out of these complex joint divisions. Several transitional provisions specific to Overseas Territories have been adopted. Then, the so-called ‘Letchimy’ law of December 27, 2018 set itself the objective of fighting against situations of inextricable joint ownership and relaunching housing policy. It aims to facilitate the exit from joint inheritance of more than 10 years overseas territories. This is an experimental system for a period of ten years which allows the notary to share the property as soon as a simple majority of the co-owners is reached instead of the unanimity required under common law. However, the notaries who are the linchpins of the system show considerable reluctance. How to explain it? The effectiveness of these laws is, however, a sensitive question insofar as it allows us to appreciate and evaluate the scope of this legislative movement. It is therefore important to understand what is preventing the implementation of the system in order to try to find solutions to resolve these situations.

Keywords

• West Indies
• inheritance indivision
• reform
• experimentation