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,…
An undivided co-owner who intends to transfer, for valuable consideration, all or part of his rights in the undivided property or in one or more of these properties to a person outside the joint ownership is required to notify the other undivided co-owners by extrajudicial act of the price and conditions of the proposed transfer and the name, domicile and profession of the person proposing to acquire. Any undivided co-owner…
If all or part of an undivided co-owner’s rights in the undivided property or in one or more of these properties are to be sold by auction, the lawyer or notary must inform the undivided co-owners by notification one month before the date scheduled for the sale. Each undivided co-owner may substitute himself for the purchaser within one month of the auction, by declaration to the registry or the notary….
Any transfer or auction carried out in disregard of the provisions of articles 815-14 and 815-15. An action for nullity is barred after five years. It may only be brought by those to whom the notifications were to be made or by their heirs. .
Creditors who could have acted on the undivided property before there was indivision, and those whose claim arises from the conservation or management of the undivided property, shall be paid out of the assets before partition. They may also pursue the seizure and sale of the undivided property. The personal creditors of an undivided co-owner may not seize his share in the undivided property, movable or immovable. They may, however,…
The provisions of articles 815 to 815-17 are applicable to undivided interests in usufruct insofar as they are compatible with the rules of usufruct. The notifications provided for by articles 815-14, 815-15 and 815-16 must be sent to any bare owner and any usufructuary. However, a usufructuary may only acquire a bare ownership share if no bare owner acquires it; a bare owner may only acquire a usufruct share if…
Partition may be requested, even when one of the undivided co-owners has enjoyed all or part of the undivided property separately, if there has been no deed of partition or sufficient possession to acquire prescription.
A person who is undivided as to enjoyment may request the division of the undivided usufruct by way of segregation on a property or, if this is not possible, by way of licitation of the usufruct. Where this appears to be the only way of protecting the interests of all the holders of rights in the undivided property, the licitation may relate to the full ownership.
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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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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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