Reference decision: Court of Cassation • No. 98-22.936 • 14 November 2000 • View the decision →
This decision sheds important light on your property law rights. Here is what it changes for you.
The situation
Under the terms of Article 815, paragraph 1, of the Civil Code, no one may be compelled to remain in co-ownership, and partition may always be sought, unless it has been deferred by court order or by agreement. Consequently, spouses married under the separation of property regime have a right to partition of co-owned property, which they may exercise at any time, without even waiting for the dissolution of the marriage.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the statutory deadlines for appeal
- Keep all your supporting documents (titles, deeds, correspondence)
- Plan ahead: preventive advice is always cheaper than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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