Having noted, on the one hand, that a

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Having noted, on the one hand, that a property investment company (société civile immobilière) had carried out a property transaction financed by loans taken out personally by a shareholder, a spouse married under community of property, and repaid partly out of community funds and the wife's separate funds, and, on the other hand, that the husband had been allocated a building following the dissolution of the company and had then resold it, the community not yet having been liquidated, it was by the correct application of Article 1469 of the Civil Code that a court of appeal declared the husband liable for a compensation claim (récompense) and a debt calculated according to the rules of subsisting profit (profit subsistant) based on the resale price of the building

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Scrupulously comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.