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The jurisdiction conferred on the family affairs judge
Droit Immobilier

The jurisdiction conferred on the family affairs judge

📅 Decision of 19 December 2018🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 17 views📖 2 min read

The jurisdiction conferred on the family affairs judge by Article L. 213-3 of the Code of Judicial Organisation to hear cases concerning the liquidation and partition of spouses' patrimonial interests and claims relating to the operation of matrimonial property regimes does not exclude the jurisdiction of another court to rule, on an incidental basis, on the composition of the community.

Reference decision: Court of Cassation • No. 17-27.145 • 19 December 2018 • View the decision →

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

The situation

The jurisdiction conferred on the family affairs judge by Article L. 213-3 of the Code of Judicial Organisation to hear cases concerning the liquidation and partition of spouses' patrimonial interests and claims relating to the operation of matrimonial property regimes does not exclude the jurisdiction of another court to rule, on an incidental basis, on the composition of the community.

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 (title deeds, instruments, correspondence)
  • Plan ahead: 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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Legal information

  • Number: 17-27.145
  • Court: Cour de cassation
  • Decision of: 19 December 2018

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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