In the absence of an agreement

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

The situation

In the absence of any specific agreement between the bare owner and the usufructuary of shares, a dividend drawn from the proceeds of the sale of all the real estate assets of a société civile immobilière (SCI) belongs to the former, the latter's right of enjoyment taking the form of a quasi-usufruct over the sum distributed. Accordingly, the decision, in which the usufructuary takes part, to distribute such dividends — over which they hold a quasi-usufruct — cannot constitute an abuse of usufruct

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for legal remedies
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive advice is always less costly than a dispute

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