Preferential Allocation before Continuation of Co-ownership: Court of Cassation ruling on Article 815(3) of the French Civil Code

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

The situation

It follows from Article 815(3) of the French Civil Code, as in force prior to Act No. 2006-728 of 23 June 2006, that a claim for preferential allocation must be examined before a claim for the continuation of co-ownership (indivision).

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly observe the statutory time limits for bringing an appeal
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive legal advice is always cheaper than litigation

For an analysis of your situation: 30-minute consultation for €70 with Maître Perucca.