Civil Code

If a coheir has made a special contribution to maintaining or increasing the assets of the decedent, by supplying labor or providing financially for the business of the decedent, through a contribution to the medical treatment or care of the decedent, or in any other way, the estate is deemed to comprise the value of the assets held by the decedent at the time the succession opens, less the amount that the coheirs determine by agreement to be the heirs' contribution to the estate; and the share in the estate of a coheir who has made such a contribution is the amount of that heir's contribution plus the heir's share of the estate as calculated pursuant to the provisions of Article 900 through Article 902.

If an agreement as referred to in the preceding paragraph is not reached or if discussions toward such an agreement cannot be held, the family court determines the amount of contribution to the estate at the request of a person making a contribution to the estate as prescribed the preceding paragraph, in consideration of the timing of the contribution, the means and extent of the contribution, the value of the estate, and all other circumstances.

The amount of contribution to an estate may not exceed the amount remaining after the value of legacies is deducted from the value of the property held by the decedent at the time the succession opens.

The request referred to in paragraph (2) may be filed if a request under the provisions of Article 907, paragraph (2) has been filed, or in the case prescribed in Article 910.

The provisions of the preceding three Articles do not apply to a division of the estate made after ten years have passed since the time the succession opens; provided, however, that this does not apply if any of the following applies:

if, before ten years pass from the time the succession opens, an heir has filed a request for division of the estate with the family court;

if, where an heir had unavoidable grounds that made it impossible to request division of the estate within the six months preceding the expiration of the ten-year period beginning from the time the succession opens, that heir has filed a request for division of the estate with the family court before six months have passed from the time those grounds ceased to exist.

If one coheir assigns that heir's share in the estate to a third party before the division of the estate, any other coheir may acquire that share by reimbursing the third party for the value and expenses thereof.

The right referred to in the preceding paragraph must be exercised within one month.

The division of an estate is made in consideration of the type and nature of goods and rights belonging to the estate, the age, occupation, mental and physical condition, and financial circumstances of each heir, and all other circumstances.

Even where property belonging to the estate has been disposed of before division of the estate, the coheirs may, with the consent of all of them, regard the disposed property as existing as part of the estate at the time of division of the estate.

Notwithstanding the preceding paragraph, if the property referred to in that paragraph has been disposed of by one or more of the coheirs, the consent referred to in that paragraph need not be obtained from those coheirs.

Unless the decedent has prevented them from doing so by will pursuant to the provisions of paragraph (1) of the following Article or they have entered into a contract not to divide the estate pursuant to the provisions of paragraph (2) of that Article, coheirs may at any time divide all or part of the estate by agreement.

If an agreement between coheirs with regard to the division of the estate is not reached or if discussions toward such an agreement cannot be held, any one of the coheirs may file a request with the family court to divide all or part of the estate; provided, however, that this does not apply to the division of part of the estate in a case where dividing that part is likely to harm the interests of another coheir.

A person leaving an estate, by will, may decide how the estate is to be divided, entrust a third party with deciding the same, or prohibit the division of the estate for a specified period not exceeding five years from the time the succession opens.

Coheirs may enter into a contract not to divide all or part of the estate for a specified period not exceeding five years; provided, however, that the end of that period may not exceed ten years from the time the succession opens.

The contract referred to in the preceding paragraph may be renewed for a specified period not exceeding five years; provided, however, that the end of that period may not exceed ten years from the time the succession opens.

If there are special grounds in a case under the main clause of paragraph (2) of the preceding Article, the family court may prohibit the division of all or part of the estate for a specified period not exceeding five years; provided, however, that the end of that period may not exceed ten years from the time the succession opens.

The family court may renew the period referred to in the preceding paragraph for a specified period not exceeding five years; provided, however, that the end of that period may not exceed ten years from the time the succession opens.

The division of an estate is effective retroactive to the time the succession opens; provided, however, that this may not prejudice the rights of a third party.

Each coheir may exercise the right alone with respect to the amount obtained by multiplying one third of the amount of a claim for deposits belonging to the estate as of the opening of succession by the share of the estate of that coheir calculated pursuant to the provisions of Articles 900 and 901 (limited, for each obligor of a claim for deposits, to the amount specified by Ministry of Justice Order in consideration of the standard living expenses currently required, the average amount of funeral expenses and other circumstances). In this case, the claim for deposits with respect to which the right has been exercised is deemed to have been acquired by that coheir through a division of part of the estate.

If a person who becomes an heir through an acknowledgment of parentage or filiation after succession is opened seeks to request the division of the estate, but the other coheirs have already divided or otherwise disposed of it, that person is entitled to payment of that person's share in terms of its value only.

Each coheir, in proportion to that heir's share of the estate, is liable under warranty to all of the other coheirs in the same manner that a seller would be.

Each coheir, in proportion to that heir's share of the estate, guarantees the solvency, at the time of division, of any obligor of a claim that another coheir receives in the division of the estate.

As regards a claim that is either not yet due or is subject to a condition precedent, each coheir guarantees the solvency of the obligor at the time when the payment is due.

If, among the coheirs who are liable to one another under a warranty or guaranty, there is an heir who is without the financial means to reimburse one of the others, the portion that the insolvent heir is unable to reimburse is shared among the heir seeking reimbursement and the other solvent heirs, in proportion to their shares of the estate; provided, however, that if there is negligence on the part of the heir seeking reimbursement, that heir may not request that the other coheirs share liability.

If a decedent, by will, has manifested an intention that differs from the provisions of the preceding three Articles, the provisions of those Articles do not apply.