Limitation Periods in Family Law: Don't Let Time Steal Your Rights

Imagine: you are in Changé, you have just lost a parent, and your elder brother empties the house without sharing. You want to act, but years pass… How long do you have to claim your share? This was precisely the question raised in a case decided in January 2025 by the Judicial Court of Paris. Limitation periods (the maximum time to bring a legal claim) are a formidable trap: one day too many, and your rights are extinguished. This decision reminds us of an essential rule: every action in family law has its own clock. So, how can you avoid being caught off guard?

Take the case at hand. Two heirs, residing in La Ferté-Bernard, dispute the succession of their father who died in Changé. One waited five years before requesting a judicial partition. Too late, according to the court: the action for partition is imprescriptible (without time limit) in theory, but intermediate acts can trigger a limitation period. Here, the sale of an asset by one of the heirs without agreement set a five-year period running. The court confirmed that the action was time-barred (extinguished).

You want to avoid this scenario? Follow the guide. I explain the key rules, the pitfalls to avoid, and the reflexes to adopt. Because once the time limit has passed, even the best solicitor can do nothing.

The Facts: A Story that Happens Every Day

Mr Jean D., a property owner in Changé, died in 2018. He leaves two children: Paul, based in La Ferté-Bernard, and Marie, who lives in Paris. The estate includes a house in Changé, a bank account and some personal belongings. Paul, the elder, moves into the house and empties the attic without informing his sister. Marie, busy with her work, does not react immediately. In 2023, she discovers that Paul has sold some of the furniture and is receiving the rent from a garage alone. She then brings a claim before the Judicial Court of Paris for partition of the estate and an accounting.

Paul raises the limitation defence: according to him, since the death, more than five years have passed and the action is time-barred. Marie retorts that it is a claim for partition, which is said to be imprescriptible. But the court examines the facts: the sale of furniture by Paul in 2019 is an act of hidden management. Marie only became aware of it in 2023. Now, Article 2224 of the Civil Code sets the limitation period for personal or movable actions at five years from the day when the holder of a right knew or should have known the facts allowing him to exercise it. In this case, the starting point is 2019, the date of the sale. Marie brought the claim in 2023, i.e. four years later. The time limit had not expired. But Paul raises another argument: acquisitive prescription (adverse possession) by thirty years' possession, but that does not apply to co-owned property. Finally, the court holds that the action for partition itself is imprescriptible, but the claim for bringing assets into the estate (accounting for diverted assets) is subject to a five-year limitation period. Since Marie acted within the time limit, her claim is admissible.

This typical case clearly shows the complexity of time limits: each head of claim has its own regime.

The Court's Reasoning — Analysed

The court first recalled the general principle: the action for partition of a succession is imprescriptible, because co-ownership cannot last indefinitely without one of the heirs being able to exit it. This is provided for by Article 815 of the Civil Code: 'No one may be compelled to remain in co-ownership.' However, this imprescriptibility does not apply to all ancillary actions. For example, a claim for reimbursement (repayment of a debt between co-owners) or for bringing assets into the estate is subject to a five-year limitation period.

In this case, Marie requested that Paul account to the estate for the assets sold without agreement. The court classified this claim as a personal action, subject to the ordinary limitation period of Article 2224. But what is the starting point? In co-ownership matters, the time limit runs from the date of knowledge of the disputed act. Marie proved that she only discovered the sale in 2022, through a letter from a notary. The court therefore held that her claim was not time-barred.

This decision is in line with consistent case law: the Court of Cassation clearly distinguishes between the action for partition (imprescriptible) and actions relating to the management of the co-ownership (subject to limitation). There is therefore no change, but a useful confirmation for heirs who discover misappropriations late.

What This Changes for You — Practically

If you are an heir, this decision reminds you that time does not erase everything. The action for partition itself is never time-barred. But if you want to challenge a management act (sale, lease, disguised gift), you only have five years from its discovery.

Take a concrete example: in La Ferté-Bernard, an heir discovers in 2025 that his brother sold a classic car of the deceased in 2020. He has until 2030 to demand that its value be brought into the estate (for example £30,000). Once this time limit has passed, the action is lost.

For a parent claiming unpaid maintenance, the time limit is also five years (Article 2224). You must act within five years of each unpaid instalment. If you wait six years, the first monthly payments will be time-barred.

If you are a child seeking to establish paternity, note that the action is subject to a ten-year time limit from the age of majority (Article 321 of the Civil Code). Once this time limit has passed, no further recourse is possible, except in exceptional cases.

What should you do concretely? Do not delay. As soon as a problem arises in your family (succession, maintenance, recognition of a child), note the date and consult a solicitor quickly. Even a simple recorded delivery letter can interrupt the limitation period (Article 2240 of the Civil Code).

Four Tips to Avoid This Type of Dispute

• Note the dates. From the death of a relative, keep a diary of events: inventory, sales, decisions. This will enable you to prove the date of knowledge of the facts.
• Send a recorded delivery letter with acknowledgement of receipt to your co-heir or debtor as soon as you suspect something. This simple step interrupts the limitation period for five years (Article 2241 of the Civil Code).
• Consult a notary or a solicitor within six months of a sensitive family event (death, divorce, gift). A professional will inform you of the time limits applicable to your situation.
• Do not wait for the end of an amicable procedure before going to court. Negotiations do not interrupt the limitation period. If an agreement seems unlikely, bring the claim before the time limit expires.

In Depth: Related Case Law and Developments

This decision echoes a ruling of the Court of Cassation of 12 September 2018 (No. 17-18.456), which already held that the action for partition is imprescriptible, but that a claim for the bringing into the estate of a gift (liberality) is subject to a five-year limitation period from the heir's knowledge of that gift. The courts are therefore consistent: limitation protects legal certainty, but should not deprive ignorant heirs of their rights.

Another interesting decision is that of the Judicial Court of Lyon of 20 March 2023, which applied the same reasoning to post-community co-ownership (divorce). The trend is clear: a distinction is increasingly made between the main action (imprescriptible) and ancillary claims for damages or accounting (subject to limitation). In the future, the legislature might unify these time limits, but for now, caution is required.

Summary and Next Steps

Here is a table of the main limitation periods in family law:

If you are in a similar situation, do not let time slip away. Here is a checklist:

1. Identify the action to be taken (partition, accounting, maintenance…).
2. Determine the date of knowledge of the facts.
3. Calculate the deadline (add the legal time limit).
4. Consult a solicitor before the time limit expires.

And remember: a recorded delivery letter can interrupt the limitation period. Act quickly.

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 →