The mass is divided by head. However, it is made by strain when there is reason for representation. Once division by stock has been effected, a separate distribution is made, where applicable, between the heirs of each stock.
Where the debtor of a balancing payment has obtained deferred payment and, as a result of economic circumstances, the value of the property due to him has increased or decreased by more than one quarter since the partition, the sums remaining due shall increase or decrease in the same proportion, unless the parties exclude this variation.
With a view to their distribution, the property is estimated at its value on the date of divided enjoyment as fixed by the deed of partition, taking into account, where applicable, the charges on it. This date is as close as possible to the partition. However, the judge may fix divided enjoyment at an earlier date if the choice of this date appears more favourable to the achievement of equality.
In the formation and composition of lots, every effort shall be made to avoid dividing economic units and other sets of goods, the splitting of which would lead to depreciation.
The surviving spouse or any heir who is a co-owner may apply for preferential allotment by way of partition, subject to a balancing payment if applicable, of any business, or part of a business, whether agricultural, commercial, industrial, craft or liberal, or undivided share of such a business, even if formed for a share of property of which he was already the owner or co-owner before the death, in the…
In the event that neither the surviving spouse nor any co-owner heir requests the application of the provisions set out in article 831 or those of articles 832 or 832-1, the preferential allotment provided for in agricultural matters may be granted to any co-partitioner on condition that he undertakes to lease the property in question within a period of six months under the conditions set out in Chapter VI of…
The surviving spouse or any co-owner heir may also apply for preferential allotment: 1° Of the ownership or the right to the lease of the premises which effectively serve as his or her dwelling, if he or she had his or her residence there at the time of the death, and of the furniture furnishing it, as well as of the deceased’s vehicle provided that this vehicle is necessary for…
The preferential allotment referred to in 1° of Article 831-2 is by right for the surviving spouse. The rights resulting from preferential allotment are without prejudice to the lifetime rights of habitation and use that the spouse may exercise under article 764.
The preferential allocation referred to in article 831 is by right for any agricultural holding that does not exceed the surface area limits set by decree in the Conseil d’Etat, if continued joint ownership has not been ordered.
If maintenance in undivided ownership has not been ordered and in the absence of preferential attribution in ownership under the conditions provided for in article 831 or article 832, the surviving spouse or any co-owner heir may apply for preferential allotment of all or part of the agricultural property and property rights dependent on the estate with a view to setting up an agricultural land grouping with one or more…
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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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