Judicial Partition: Decree 2026-964 mandates a lawyer and an appointed notary

Decree No. 2026-964 of October 18, 2026, completely rewrites the judicial partition procedure of the Code of Civil Procedure. Published in the JORF No. 0245 of October 20, 2026, under number NOR: JUSC2622818D, it makes legal representation by a lawyer mandatory until the end of the proceedings and institutionalizes the appointment of a commissioned judge and a commissioned notary.

Signed by the Keeper of the Seals, Minister of Justice, the text replaces subsection 2 of section 6 of chapter II of title III of book III of the Code of Civil Procedure, which is now dedicated to “judicial partition and claims tending toward the liquidation, settlement of joint ownership or the patrimonial interests of spouses, persons linked by a civil solidarity pact, and cohabitants.” The scope therefore covers successions as well as divorces and the separation of partners or cohabitants.

The decree reorganizes the subject into five paragraphs, from articles 1359 to 1378, and amends two other texts: the Code of Judicial Organization, with a new subsection 7 and article R. 213-12-3 entrusting the president of the judicial court with the appointment of the sitting magistrates in charge of the functions of the commissioned judge, and Decree No. 2022-900 of June 17, 2022, relating to the ethics and discipline of ministerial officers, in which a reference is corrected.

A summons subject to admissibility conditions

Entry into the procedure is now filtered. Under penalty of inadmissibility, the summons for partition must contain a summary description of the assets to be shared and specify the claimant’s intentions regarding the distribution of assets (article 1360).

• In the event of multiple summonses, the claimant is the one who first had theirs registered with the registry of the judicial court (article 1359).
• Representation by a lawyer is mandatory, including before the commissioned notary, until the court’s decision ending the proceedings (article 1361).
• The commissioned notary informs the parties that only the submissions (dires) of the lawyers will be taken into account (article 1370).

The commissioned judge – commissioned notary duo

When the case is not ready to be judged, the president appoints a commissioned judge, who exercises the powers of the pre-trial judge (juge de la mise en état), as well as a notary commissioned for liquidation and partition operations. If the parties provide evidence of a pre-trial agreement, the case is removed from the docket or referred to a conference hearing. When the proceedings concern the patrimonial interests of spouses, partners in a civil solidarity pact, or cohabitants, the commissioned judge is a sitting magistrate delegated to the functions of a family court judge. These decisions are measures of judicial administration.

The appointed judge oversees the conduct of the operations and rules on the management of the joint ownership, the applicable law, the validity of testamentary dispositions, the nature of the matrimonial regime, preferential allocations and gifts, and may appoint a representative for a defaulting party. They are seized via submissions specifically addressed to them; under penalty of inadmissibility, the parties have four months to submit these requests. Their decisions on these points have the authority of res judicata and are immediately appealable within fifteen days, according to an expedited procedure.

The appointed notary, for their part, promotes agreement, although the absence of such agreement does not hinder their mission. They establish the inventory, including without the agreement of the parties, draw up the liquidation statement, collect objections and provide their opinion, establish the deed of liquidation or partition without the need for the parties’ signatures, organize the drawing of lots for the shares, and communicate the deed to the judge. They carry out their mission personally and may enlist a technician if the value or consistency of the assets so requires.

Deadlines, fees and sanctions

The schedule is locked by the appointment decision.

• The mission of the appointed notary may not exceed eighteen months from the notification of their appointment (Article 1363).
• The appointed judge may grant extensions, up to a limit of six months per extension, and order the production of documents subject to a daily penalty (Article 1367).
• The parties have a maximum period of two months to communicate their objections regarding the draft liquidation statement (Article 1372).
• The provision due to the notary is paid within a period that cannot be less than one month; in the event of non-payment, the appointed judge may order the dismissal of the case (Article 1369).
• The amount of the provision and its payment terms may be contested within fifteen days.
• The drawing of lots may be suspended if the parties submit, at least eight days before the session, a concordant proposal for the allocation of assets (Article 1376).

At the conclusion, the court rules on the points of disagreement; any request unrelated to these points is inadmissible, unless based on grounds that arose or were revealed subsequently. If it orders the partition, it may order the drawing of lots and refer the matter back to the appointed notary. Assets that cannot be easily partitioned or allocated are subject to a judicial sale (licitation), to which third parties to the joint ownership are always admitted if all joint owners are not capable and present.

Entry into force on January 1, 2027

The decree enters into force on January 1, 2027, and applies to proceedings initiated as of that date. By way of derogation, it also applies to ongoing proceedings when the appointed judge and the appointed notary have not yet been designated and the closing order has not been issued, or when, if already designated, the parties’ lawyers jointly request its application upon presentation of a written agreement.

For lawyers, the reform shifts the center of gravity of the litigation: the bulk of the operations takes place before the appointed notary, under the supervision of a dedicated judge, and no longer before the trial court. For notaries, it establishes binding deadlines and an enforceable remuneration scheme. For litigants in divorce or inheritance proceedings, it promises a clearer timeline, at the cost of a more formalized procedure and an entry cost capped by the provision.

Source: Official Journal of the French Republic, JORF No. 0245 of October 20, 2026 — Decree No. 2026-964 of October 18, 2026, reforming the judicial partition procedure, NOR: JUSC2622818D.