Where community funds have been

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

The situation

Where community funds have been used to repay loans taken out to finance the construction of a new dwelling house on land owned separately by one spouse on which a dwelling house was already built, if the recompense owed by that spouse to the community must be determined according to the proportion in which the funds borrowed from the community contributed to the financing of the new construction, the capital gain accruing to the enriched estate must be determined, not by revaluing the expenditure incurred, but by deducting from the current value of the property the current value of that asset in its condition prior to the works giving rise to the recompense

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (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.