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The compensatory allowance like the
Droit Immobilier

The compensatory allowance like the

📅 Decision of 08 July 2010🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 8 views📖 2 min read

The compensatory allowance, like the interest it produces, is due from the date on which the divorce judgment became irrevocable. A Court of Appeal violates Articles 260 and 1153-1 of the Civil Code when, in dismissing the spouse's claim for payment of interest on the compensatory allowance, it holds that the capital awarded is only payable from the signing or approval of the liquidation statement drawn up by the liquidating notary, whereas the option given to the debtor of the compensatory allowance to settle his debt in the context of the liquidation of the community does not deprive that debt of its payable nature and does not prevent it from bearing interest from the day on which it was requested.

Reference decision: cc • No. 09-14.230 • 2010-07-08 • View the decision →

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

The situation

The compensatory allowance, like the interest it produces, is due from the date on which the divorce judgment became irrevocable. A Court of Appeal violates Articles 260 and 1153-1 of the Civil Code when, in dismissing the spouse's claim for payment of interest on the compensatory allowance, it holds that the capital awarded is only payable from the signing or approval of the liquidation statement drawn up by the liquidating notary, whereas the option given to the debtor of the compensatory allowance to settle his debt in the context of the liquidation of the community does not deprive that debt of its payable nature and does not prevent it from bearing interest from the day on which it was requested.

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, deeds, 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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Legal information

  • Number: 09-14.230
  • Court: Cour de cassation
  • Decision of: 08 July 2010

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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