Can you sell undivided property without all co-owners' consent in Morocco?

1. The real question: which sale do you want to make?

Most indivision conflicts are born of a confusion. "Can it be sold without everyone's consent?" has not one answer, but two — depending on what you are trying to sell. In an indivision, each co-owner holds an abstract share of the property (one eighth, one quarter, three eighths…), without being able to physically individualise "their" portion. Two objects of sale therefore coexist: the whole asset on one side, each person's share on the other. The legal regime is not the same.

The guiding principle, set down by the real rights code (law 39-08), is that no one is bound to remain in indivision: it is a fundamental right, and a co-owner can never be a prisoner of a property they want to leave. The only variable is the route out.

2. Selling the whole asset: unanimity is the rule

Selling the property in its entirety is an act of disposition. Like a mortgage or a demolition, it requires the unanimous consentof all co-owners. This is the direct consequence of each person's ownership of their share: one cannot dispose of another's property without their consent.

Concretely, a single reluctant co-owner blocks the entire sale — whether a minority holder, absent abroad, unreachable, or simply in disagreement over the price. This is the classic scenario of family inheritances and MRE (Moroccans living abroad) indivisions: the house does not sell because one of the co-heirs will not sign. A sale concluded despite the absence of unanimity is exposed to nullity. For guidance on co-ownership and indivision matters, see our condominium advisory service.

3. Selling your own share: a right that needs no one

Here is the nuance that many overlook. Selling your own undivided share is not an act of disposition over another's property: it is a transfer of your right, which belongs to you personally. You can therefore transfer your share without the other co-owners' consent — to a third party, or more often to another co-owner.

Economic reality, however, tempers this right. A third-party buyer who acquires an isolated share enters into indivision themselves with strangers: they inherit the blockages, do not control the property, and cannot resell it freely. As a result, the market for an isolated share is extremely narrow, and the price suffers a heavy discount relative to the proportional value in the whole asset. Quantifying that discount is precisely the kind of work covered by an independent real estate appraisal.

In practice, the transfer of shares therefore almost always plays out between co-owners, in the form of a buy-out: one co-owner takes over the others' shares and becomes the sole owner (preferential allotment). The sum paid — the balancing payment — is calculated on the market value of the property: balancing payment = property value × the exiting co-owner's share. Hence the need, from this stage, for an objective and shared value.

4. The three-quarters majority: what it allows… and what it does not

One sometimes reads that holding more than 75% of the shares would allow the sale to be "forced." This is inaccurate, and the confusion can be costly. The three-quarters majority has a real effect, but one limited to acts of management and conservation.

Article 971 of the DOC thus allows the co-owner holding more than three-quarters of the undivided shares to act alone on certain acts — notably an action to evict an occupant without right or title, as confirmed by the Casablanca Commercial Court of Appeal in 2023.

• What the 3/4 majority allows: to manage, conserve and defend the property — to bring an eviction action, for example — without gathering unanimity.
• What it does not allow: to sell, mortgage or demolish. These acts of disposition remain subject to unanimity, whatever fraction is held.

In other words, the qualified majority holder can unblock the management of the property, but cannot impose its sale. To sell despite a minority's opposition, there is only one route: partition.

5. The deadlock persists? Judicial partition and licitation

When the amicable route fails — refusal to sell, disagreement over price, an unreachable co-owner — the exit goes through the court of first instance. It is the ultimate route, but it always succeeds: the judge cannot leave an indivision frozen if a co-owner requests partition.

• Seizing the court by the petitioning co-owner, after the failure of the amicable route.
• Conciliation attempt before the judge.
• Appointment of an expert by the court to value the property and propose the terms of partition.
• Partition in kind if the property is divisible (several equivalent lots, possibly with a balancing payment);
• Licitation failing that: the property is sold at public auction by adjudication, and the price is distributed in proportion to the shares.

Licitation is the weapon that unblocks the reluctant co-owner: no one can oppose it, and it converts each person's share into cash. Its downside, however, is well known: a public auction can produce a lower price than a well-prepared open-market sale. The judicial procedure is also long and costly. That is why the amicable route should always be attempted first — and that is where the value of the property becomes decisive.

6. The crux of the conflict: value — and the reserve price

Behind almost every indivision deadlock lies not a problem of law, but a disagreement over value. The one who wants to sell finds the price too low; the one who wants to keep finds it too high; each feels wronged. Without an objective reference, the discussion goes in circles — for years.

An independent appraisal compliant with RICS (Red Book) standards breaks this vicious circle by setting a defensible market value, used at every step:

• Amicable sale: a credible floor price, neither too high (the property does not sell) nor too low (a sense of being despoiled).
• Share buy-out / preferential allotment: the basis for calculating the balancing payment due to the exiting co-owner.
• Licitation: a reasoned reserve price, which reduces the risk of a knock-down auction and steers the bidding toward the real value.

The report is delivered in 5 to 8 days (48-72 h in express), from 3,500 MAD excl. tax, with a firm quote within 24 h. Note the boundary: a private appraisal serves the negotiation and decision between co-owners (floor price, balancing payment, reference reserve price) and helps you support your position with third parties. In judicial proceedings, it is the judge who appoints the expert; your private report then informs your strategy and feeds the adversarial debate, without substituting for the expertise ordered by the court.

7. Our reading, scenario by scenario

• You want out, the others too: aim for the amicable sale of the whole asset, on the basis of a shared appraisal. It is the fastest and most liquid path.
• One co-owner wants to keep the property: arrange a preferential allotment (they buy out, you receive your balancing payment). The appraisal sets the balancing payment defensibly.
• You alone want out, the bloc refuses: you can attempt to transfer your share (accepting the discount), or request partition to force the exit.
• Total deadlock and hard conflict: the judicial route will decide, by partition in kind or licitation — but prepare the value beforehand so as not to suffer a knock-down auction.

8. FAQ

Note: This article presents the general framework of indivision in Morocco (real rights code 39-08, article 971 of the DOC, partition and licitation) for information. The classification of acts, the shares and the exit route applicable to your situation must be confirmed with your notary, adoul or lawyer. A private appraisal informs the negotiation and the decision between co-owners; in judicial proceedings, the expert is appointed by the judge. To document the value of your property, see our real estate appraisal page or the ReaConsult blog.