If joint and several liability does not attach as of right

Application pratique:

Under this case law, that clause is fully enforceable. If your partner fails to pay their half of the charges, the syndic can demand the full €3,200 from you alone. Before buying, obtain the règlement de copropriété, check for such a clause, and consider a separate indemnity agreement with your partner to recover any overpayment.

Application pratique:

The clause means you are jointly liable – the syndic can pursue you for the entire unpaid amount, not just your share. To protect yourself, request a copy of the règlement from the vendor early in the process. If a solidarité clause exists, insist on a clear financial arrangement with your sister, and keep proof of all payments you make on her behalf to claim reimbursement later.

Application pratique:

This 2007 Cour de cassation ruling confirms the clause is valid, so you can be forced to pay the entire arrears immediately. You must pay to avoid legal action and a potential lien on the property, then immediately send a recorded delivery letter to your cousin demanding reimbursement of her share. If she refuses, you can apply to the tribunal judiciaire for a contribution order, presenting all evidence of your payment and the règlement clause.