The Market Value of a Property

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

The situation

The market value of a property is the price that could be obtained for it through the interplay of supply and demand on an actual market, taking into account the factual and legal situation in which the property is found at the time of the taxable event. Having found that taxpayers married under the separate property regime, liable for the wealth tax (impôt de solidarité sur la fortune), had jointly acquired the property constituting their main residence, of which they were co-owners in indivision, and that, in their returns, they had failed to mention that this property was held in indivision, and having added that it was unlikely that either spouse would consider disposing of his or her share in this property, a court of appeal, which concretely assessed, as it was required to do, the possibilities of disposing of the property in question, was able to infer that the state of indivision of the property did not affect its value.

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)
• Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: 30-min consultation at €45 with Maître Zakine.