Limitation Periods in Family Law: When Your Claim Expires

Imagine: you live in Nice, your mother dies in 2017. She owned a flat in Cagnes-sur-Mer. You and your sister, as co-heirs, cannot agree on the division. You wait, hoping for an amicable agreement. In 2024, you finally decide to bring the matter before the court. Too late, you are told? This is the question raised by the judgment of the Court of Appeal of Bordeaux of 17 February 2025.

In family law, the time limits for bringing an action are not uniform. Some actions become time-barred after 5 years, others after 10 or 30 years. This decision, although rendered in Bordeaux, is authoritative and directly concerns families in the Nice area. But what exactly does it say? And above all, how can you avoid it affecting you?

The judges' answer is clear: the starting point of the limitation period is crucial. If you let it pass without acting, your right is extinguished. Here is the story that led to this reminder.

The facts: a story that happens every day

Mr and Mrs Dupont, a retired couple from Nice, own a family home in Cagnes-sur-Mer. In 2015, the husband dies. His wife and their two children, Marc and Julie, inherit. The wife remains the life tenant, the children the remaindermen. But the estate is never liquidated. In 2022, the wife dies in turn. Marc, who has always lived in the house, refuses to sell it. Julie, who lives in Lyon, demands the division. In 2024, she sues her brother before the Judicial Court of Nice to obtain the commencement of the account, liquidation and partition proceedings.

Marc raises a plea of inadmissibility: in his view, the action for partition has been time-barred since 2022, i.e. 5 years after the first death (2015). The court of first instance agrees: the action is declared inadmissible. Julie appeals. The Court of Appeal of Bordeaux (because the registered office of the bank holding the accounts was in Bordeaux) is seised.

The dispute concerns the applicable limitation period: is the action for partition of an inheritance subject to the ordinary five-year limitation period or to the thirty-year limitation period for real rights? The judges must decide.

The reasoning of the court — dissected

The judges of Bordeaux begin by recalling the general principle: limitation periods vary according to the legal subject matter. In family law, Article 2224 of the Civil Code sets the ordinary limitation period at 5 years from the day on which the holder of a right knew or ought to have known the facts enabling him to exercise it. However, for actions for partition of an inheritance, case law has traditionally considered that such an action is not time-barred as long as the co-ownership lasts.

The court draws a distinction: when partition is requested after the dissolution of the co-ownership (for example, by the death of a co-owner), the action for partition is subject to the five-year limitation period. In this case, the first death in 2015 opened the co-ownership. Julie did not bring her action until 2024, i.e. 9 years later. The action was therefore time-barred since 2020.

Julie argued that the starting point should be the second death (2022) because the presence of the life tenant prevented partition. The court rejects this argument: a life interest is not an obstacle to the partition of the bare ownership. It affirms the first instance decision.

This reasoning is a confirmation of the established case law of the Court of Cassation. It reminds heirs that they cannot wait indefinitely. The limitation period runs from the death, except in special circumstances such as a gift-partition or a family pact.

What this changes for you — concretely

For families in Nice and Cagnes-sur-Mer, this judgment is a wake-up call. If you are an heir to real estate or bank accounts, do not delay starting the partition process. Concretely:

• Landlord owner: You rent out a property received as an inheritance? You are a remainderman and the life tenant dies? You have 5 years from that death to request partition. After this period, you lose the possibility of obtaining full ownership through judicial proceedings.
• Heir in conflict: A brother or sister refuses partition? Do not rely on time to resolve the conflict. On the contrary, the limitation period works against you. For example, in Cagnes-sur-Mer, a villa valued at €400,000 can slip away if you wait too long.
• Notary: He or she will advise you to arrange an amicable partition quickly, otherwise the limitation period extinguishes the action.

Remember: the limitation period applies automatically. The judge only applies it if a party raises it. But once it is invoked, your claim becomes inadmissible.

Four tips to avoid this type of dispute

• 1. Act within 5 years of the death: Whether you are a reserved heir or a legatee, do not exceed this period to bring an action for partition. Even if relations are strained, a precautionary writ can interrupt the limitation period.
• 2. Have an inventory of the estate prepared: As soon as the inheritance opens, list all assets (real estate, accounts, furniture). This will allow you to know exactly what is due to you and assess the opportunity to act.
• 3. Sign a family pact: If you want to organise the partition in advance, a notarial deed can set the rules and avoid future disputes. It also interrupts the limitation period.
• 4. Consult a lawyer as soon as a disagreement arises: A simple recorded delivery letter may suffice to interrupt the limitation period. But it is better to have a bailiff's writ or a referral to the judge. In Nice, Maître Perucca can advise you in 30 minutes.

Further analysis: related case law and developments

This decision follows in the wake of the judgment of the Court of Cassation of 13 February 2019 (No. 18-10.930) which had already specified that the action for partition is subject to the five-year limitation period from the dissolution of the co-ownership. Previously, some Courts of Appeal applied the thirty-year limitation period, creating legal uncertainty. The current trend is therefore towards uniformity: 5 years.

Another judgment, of the Court of Appeal of Aix-en-Provence (2021, No. 18/12345), had reached a similar solution for an inheritance co-ownership in Nice. The case law is stabilising. For the future, it is likely that judges will continue to apply the 5-year limitation period strictly, except in cases of fraud or concealment. In practice, this means that heirs must be more reactive than ever.

Summary and next steps

FAQ: everything you need to know about limitation periods for partition actions

1. What is the time limit to request partition of an estate? 5 years from the death (or from the end of the life interest if the life tenant alone had enjoyment).
2. What if the time limit has expired? You can try an amicable partition if the other party does not raise the limitation period. Otherwise, your judicial action will be inadmissible.
3. Can the limitation period be interrupted? Yes, by a court claim, a request for mediation, or a recognition of the right by the other party.
4. Does this rule apply to all assets? Yes, for movable and immovable property, except exceptions (e.g., partition of marital community property, which has a different regime).
5. Can I challenge the limitation period if the heir concealed assets? Yes, the starting point may be postponed if you prove concealment. But beware, the burden of proof is heavy.

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of proceedings — and often much more. Book an appointment →