Except in the event of dismemberment of ownership of the property or if one of the joint owners is in one of the cases provided for in article 836, the alienation of undivided property may be authorised by the court, at the request of one or more undivided co-owners holding at least two-thirds of the undivided rights, in accordance with the terms and conditions set out in the following paragraphs….
The President of the Judicial Court may prescribe or authorise any urgent measures required by the common interest. He may, in particular, authorise an undivided co-owner to collect from the debtors of the undivided co-ownership or from the depositories of undivided funds a provision intended to meet urgent needs, prescribing, if necessary, the conditions of use. This authorisation does not entail the surviving spouse or heir taking on any capacity….
The president of the court may also prohibit the removal of tangible movables except to specify those whose personal use he assigns to one or other of the beneficiaries, on condition that they give security if he deems it necessary.
In Guadeloupe, French Guiana, Martinique, Réunion and Saint-Martin, when an undivided property for residential use or for mixed residential and professional use is vacant or has not been effectively occupied for more than two calendar years, an undivided co-owner may be authorised by the courts, under the conditions set out in the articles 813-1 to 813-9, to carry out works to improve, rehabilitate and restore the property as well as…
Anyone who receives income or incurs expenses on behalf of the undivided interest must keep a statement thereof which is available to the undivided co-owners.
Each undivided co-owner may use and enjoy the undivided property in accordance with its intended purpose, to the extent compatible with the rights of the other undivided co-owners and with the effect of acts regularly entered into during the period of undivided ownership. Failing agreement between the interested parties, the exercise of this right is provisionally regulated by the president of the court. An undivided co-owner who uses or enjoys…
Receivables and indemnities which replace undivided property, as well as property acquired, with the consent of all the undivided co-owners, in use or replacement of undivided property, are by operation of law undivided. The fruits and income of undivided property accrue to the undivided co-ownership, in the absence of provisional partition or any other agreement establishing divided enjoyment. No claim relating to the fruits and income shall, however, be admissible…
Any undivided co-owner may claim his annual share of the profits, after deduction of the expenses incurred by the acts to which he has consented or which are enforceable against him. In the absence of any other title, the extent of each person’s rights in the undivided co-ownership results from the act of notoriety or the inventory title drawn up by the notary. In the event of a dispute, the…
An undivided co-owner who manages one or more undivided assets is liable for the net proceeds of his management. He or she shall be entitled to remuneration for his or her activity under the conditions fixed by amicable agreement or, failing that, by court order.
When an undivided co-owner has improved the condition of undivided property at his own expense, he must be taken into account according to equity, having regard to what has increased the value of the property at the time of the partition or alienation. He must likewise be taken into account for the necessary expenditure which he has made out of his personal funds for the conservation of the said property,…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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