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Section I   The action of partition and its form

Revised Laws of Saint Lucia (2021)

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Section I   The action of partition and its form

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    632.   No one can be compelled to remain in undivided ownership. A partition may always be demanded notwithstanding any prohibition or agreement to the contrary.

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    It may however be agreed or ordered that the partition shall be deferred during a limited time, if there be any valid reason for the delay.

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    633.   Partition may be demanded even though one of the coheirs enjoys separately a part of the property of the succession, if there have been no act of partition, nor a sufficient possession to produce prescription.

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    634.   

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      (1)     Neither the tutor of a minor, nor the curator of an interdicted person or of an absentee, can demand the partition of the immovables of a succession which has devolved to or become vested in such minor, interdicted person or absentee, but he may be compelled or required to join in it, and in such case the partition is effected judicially, and with the formalities required for the alienation of the property of minors.

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      (2)     The tutor or curator may however demand the final partition of the movables and the provisional division of the immovables of the succession.

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           (Substituted by Act 34 of 1956)

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    635.   A husband may with the consent of his wife demand the partition of the movables or immovables which have accrued to her and have fallen into the community. The coheirs with the wife cannot demand a final partition without suing both husband and wife. (Substituted by Act 34 of 1956)

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    636.   

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      (1)     If all the heirs be of full age, be present, and agree, the partition may be effected in such form and by such act as the parties interested deem proper.

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      (2)     If any of the heirs be unwilling, the partition can only be effected by an action. If any of the heirs are minors or otherwise under disability or absentees but all the proprietors who are of full age agree, the partition or licitation can be effected voluntarily, without an action, on the mere authorisation of the Judge, who may give all necessary or proper consequential directions. It shall be sufficient to justify the tutor or curator for proceeding in this manner that he has been so required by one of the coheirs of full age.

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      (3)     If there be several minors represented by one tutor and having adverse interests, a special and separate tutor must be given to each, to represent him or her in the partition.

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           (Substituted by Act 34 of 1956)

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    637.   In the action of partition and its incidents, proceedings are the same as in ordinary suits, except as regards any modifications set forth in the Code of Civil Procedure.

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    638.   The valuation of immovables is made by experts who are chosen by the parties interested, or who, upon the refusal of such parties, are officially appointed.

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    The report of the experts must declare the grounds of the valuation, it must indicate whether the property valued can be conveniently divided, and in what manner, and must determine, in case of division, the portions which may be made of it, and the value of each portion.

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    639.   Each of the coheirs may demand his share in kind of the movable and immovable property of the succession. Nevertheless, if there be seizing or opposing creditors, or if the majority of the coheirs deem a sale necessary to discharge the liabilities of the succession, the movable property is publicly sold in the ordinary manner.

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    640.   If the immovables cannot conveniently be divided they must be brought to sale by licitation.

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    Nevertheless the parties, if they be all of full age, may consent to the licitation being made before a notary, upon the choice of whom they agree.

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    641.   After the movable and immovable property have been estimated, and sold if there be cause for it, the Judge may send the parties before a notary upon whom they have agreed, or who has been officially named if they do not agree in their choice.

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    They are to proceed, before such notary, to the account which they are bound to make to one another, and also to the formation of the general mass, the apportionment of the shares and the fixing of the compensation to be made to any of the co-partitioners.

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    642.   Each coheir returns into the mass, according to the rules hereinafter laid down, the gifts made to him or her and the sums in which he or she is indebted, except in the cases specified in articles 654, 655 and 669.

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    643.   If the return be not made in kind, the coheirs entitled to it pretake an equal portion from the mass of the succession.

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    These pretakings are made as much as possible in objects of the same nature and quality as those which are not returned in kind.

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    644.   After these pretakings, the parties are to proceed to the formation, out of what remains in the mass, of as many shares as there are partitioning heirs or roots.

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    645.   In the apportionment of the shares, the separation of immovables into small parcels and the division of industrial establishments is to be avoided as much as possible. It is also proper to put into each share, if possible, the same quantity of movables, immovables, rights and credits, of the same nature and value.

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    646.   The inequality of shares in kind, when it is unavoidable, is to be compensated by payment of the difference.

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    647.   The shares are to be formed by one of the coheirs, if they can agree amongst themselves in the choice, and if he or she who is chosen accept the office; in any other case the shares are to be formed by an expert appointed by the Court, and are afterwards to be drawn by lot.

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    648.   Before proceeding to draw, each co-partitioner is allowed to propose his or her objections as to the formation of the shares.

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    649.   The rules laid down for the division of the masses to be apportioned are also to be observed in the subdivisions of the roots sharing in the partition.

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    650.   If in the performance of duties delegated to a notary contestations arise, he must draw up a statement of them and of the respective allegations of the parties for the decision of the Court. The proceedings in such case are according to the forms prescribed in the Code of Civil Procedure.

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    651.   Where partition or licitation takes place by reason of their being amongst the heirs absentees, minors or other persons under disability, and one of the co-proprietors of full age refuses to proceed upon the mere authorisation of a Judge under the provisions of article 636, it can only be effected by means of an action. (Substituted by Act 34 of 1956)

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    652.   Every person, even a relation, who is not entitled to succeed to the deceased, and to whom one of the coheirs has assigned his or her right in the succession, may be excluded from the partition, either by all the coheirs or by one of them, on being reimbursed the price of such assignment.

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    653.   After the partition, each of the parties has a right to be put in possession of the title deeds belonging to the objects which have fallen to him or her.

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    The title deeds to a divided property remain with him or her who has the greatest share in it, who, however, is under the obligation of giving the use of them to the co-partitioners whenever required. If they disagree in the choice it is made by the Judge.

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