Reference decision: cc • N° 17-26.222 • 2018-11-07 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
According to Articles 1572, paragraph 1, and 1574 of the Civil Code, all property belonging to a spouse on the day the matrimonial regime is dissolved forms part of the final patrimony, and existing property is valued according to its condition at the time of dissolution of the matrimonial regime and according to its value on the day of liquidation thereof. Consequently, where a spouse operates a business as a sole trader, the amount standing to the credit of the operator's account, which belongs to him, must be taken into account in determining the composition of his final patrimony and its valuation.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the statutory deadlines for appeals
- Keep all your supporting documents (deeds, legal instruments, correspondence)
- Anticipate: preventive advice always costs less 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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