Real estate co-ownership in Algeria 2026 (situation where multiple persons co-own a property) results mainly from inheritance (85% cases), more rarely from joint purchase. Civil Code article 722 enshrines principle: 'no one is forced to remain in indivision'. In practice, 4 solutions exist: (1) amicable notary partition, (2) co-heir share buyout, (3) judicial licitation (auction sale), (4) preferential attribution. This 2026 guide details each path, costs, delays, Supreme Court jurisprudence, concrete villa/apartment costed cases.
Indivision legal framework: Civil Code art. 722-737
2026 Algeria indivision legal framework: (1) CC art. 722 — cardinal principle: no one can be forced to remain in indivision, imprescriptible partition action. (2) CC art. 723 — indivisaries can conclude 5-year renewable indivision convention. (3) CC art. 724 — conservation acts (urgent repair) allowed to single indivisary. (4) CC art. 725 — management acts (short rental): 2/3 majority required. (5) CC art. 727 — disposition acts (sale, mortgage): mandatory UNANIMITY. (6) CC art. 730-737 — partition modalities: amicable or judicial, in kind or by licitation.
Amicable notary partition: 4 steps + 2026 costs
2026 amicable partition procedure (preferred mode, 60% cases): (1) PRIOR AGREEMENT all indivisaries on partition mode (kind or sale). (2) AMICABLE EXPERTISE: value property by accredited real estate expert, 80-150k DZD by complexity. (3) NOTARIAL PARTITION ACT: notary drafts act detailing lots attributed to each indivisary (with balance if unequal lots). All indivisaries + notary signature. (4) LAND CONSERVATION REGISTRATION: new land books issued for each attributed lot. Total costs: notary 2-3% property value + 2.5% partition duties + expertise fees 80-150k + conservation 30-50k. 6-9 month delay. Economic vs judicial (× 3-5).
Co-heir share buyout: mechanism + 2026 price
2026 share buyout (30% cases): one indivisary wants to keep property, buys others' shares. Mechanism: (1) SHARE PRICE NEGOTIATION (ex. 4 heirs = 25% each 20M DZD property = 5M per share). (2) WRITTEN OFFER by buyer to others, notary witness. (3) IF AGREEMENT, notarial share cession act + payment. (4) PRICE DISAGREEMENT CASE: judicial expert appeal (tribunal-appointed), price fixed by contradictory expertise. (5) TAXATION: co-heir share buyout considered as mutation = 3% duties (direct line) or 5% (others). Economic if property to keep in family.
Judicial licitation: auction sale + procedure
2026 judicial licitation (10% cases, last resort): when no amicable agreement possible, tribunal orders auction sale. Procedure: (1) PARTITION SUMMONS by indivisary before land tribunal + amicable failure proofs. (2) MANDATORY TRIBUNAL CONCILIATION ATTEMPT (3-6 months). (3) IF FAILURE, judgment authorizes licitation. (4) STARTING PRICE fixed by judicial expert (~70% market value to attract bidders). (5) 30-DAY PUBLICITY (newspapers + APC + tribunal). (6) TRIBUNAL AUCTION, buyer = highest bidder. (7) PRICE DISTRIBUTION between indivisaries per shares. Total costs: lawyer 200-400k + expert 150-250k + 5% registration duties + court fees. 18-36 month delay. Often sale price
Preferential attribution: spouse + children priority
2026 preferential attribution (CC art. 731 + FC art. 79): family protection mechanism for heir with legitimate interest. Priority beneficiaries: (1) DECEASED'S SURVIVING SPOUSE on family home (protects widow). (2) HEIR operating professional property (commerce, medical office in building). (3) LONG-TIME CO-OWNER (10+ years). Procedure: family tribunal request + legitimate interest proof + property expertise + attribution with balance paid to other indivisaries. 2026 example: Bouzaréah villa 30M DZD, widow obtains family home preferential attribution against 22.5M DZD payment to 3 sisters-in-law. Often equitable solution.
2026 concrete case: 4-heir Algiers villa partition
2026 typical case: Father dies 2024, leaves Ben Aknoun villa 45M DZD to 4 heirs (widow + 3 children). Sharia shares: widow 1/8 = 5.625M; 3 children divide 7/8 = 39.375M (girl half = 6.56M each × 2 girls + boy 26.25M with 2:1 rule). 2026 options: (1) AMICABLE PARTITION — villa sale 45M, proportional distribution after 2.25M fees (5%). Costs: notary 1M + agent 700k. Net to heirs 41M. (2) BUYOUT BY ELDEST SON — obtains villa against 18.75M payment to 3 others. Bank loan needed. (3) JUDICIAL LICITATION (if conflict) — auction sale ~37M (-18%), 3M lawyer costs + fees. Net 34M distributed. Difference 41M vs 34M = 7M lost family conflict.
Frequently asked questions
Can we stay in indivision indefinitely?
No, CC art. 722: no one is forced. Indivision convention max 5 years renewable, but any indivisary can request partition.
Succession without will: who inherits first?
Sharia FC art. 138: ashab al-furud (father, mother, widow, daughters) then Assaba (sons, brothers) then dhaw al-arham (cousins). Notary calculates via fredha.
Does daughter inherit half of son in 2026?
Yes, 2:1 rule FC art. 148 still in force for acquired patrimony. Active societal debate but no legal modification 2026.
Can one renounce succession in Algeria?
Yes, notarial renunciation possible within 3 months post-death. Share redistributed among other heirs per revised fredha.
How much does 2026 notarial fredha cost?
30-80k DZD by family complexity (heir number, assets). Add 80-150k expertise and 3% direct line duties.