Abstract
Unlock the complexities of co-owning a property with our expert guide. Discover your rights and obligations when it comes to maintaining and improving a shared property, and learn how to navigate disputes with co-owners. Understand how to claim reimbursement for expenses related to property conservation and occupation indemnities. Get clarity on the process of selling or dividing an undivided property and how to deduct personal expenses from the sale price. Our comprehensive resource provides insights into French Civil Code articles 815-2, 815-3, 815-9, and 815-13, ensuring you're well-equipped to manage co-ownership effectively. Take control of your property rights and make informed decisions with our expert advice.
Extract
[...] It should be noted, however, that the works are appreciated by the judges of the court to determine whether they can be considered as being improvement or conservation works of the indivisible property (Cass. civ. 1he May 2006, n°03-19.001). In this case, Marie having paid the bill related to the change of the boiler, she allowed to conserve at her personal expense the undivided property occupied exclusively by Jeanne. Thus, the costs related to the boiler must be considered as personal expenses paid by Marie allowing the preservation of the undivided property, which will have to be reimbursed to Marie upon the sale or division of the property. [...]
[...] These measures must be understood as material or legal acts aimed at removing the undivided property from an imminent danger (Cass. civ. 1he November 2003, n°01-10.639). In this case, the fact of changing the boiler does not constitute a material act allowing the apartment to be exempted from an imminent peril. However, each co-owner has the right to improve or maintain the state of an undivided property at their own expense, and they must be taken into account, according to equity, at the time of sharing or alienation of this property (Article 815-13, paragraphs 1 and 2 of the Civil Code), provided that maintenance work constitutes improvement or conservation expenses (Cass. [...]
[...] On the sale of the apartment and Marie's deduction from the sale price In order to sell an undivided property, it is necessary to obtain 2/3 of the votes of the co-owners (article 815-3). In this case, the undivided property belongs to two co-owners, each of whom has 50% of the shares. Therefore, if Anne refuses the sale, Marie will not be able to sell the apartment. However, no one can be forced to remain in the undivided state, and the division can always be requested (article 815 of the Civil Code). The right to request the division is imprescriptible (Cass. [...]
[...] In fact, as soon as an undivided co-owner has improved the undivided property at their own expense, they must be taken into account when sharing or alienating the property. Similarly, they can incur personal expenses to maintain the property, which must also be taken into account (Article 815-13, paragraphs 1 and 2 of the Civil Code). In this case, Marie has carried out conservation work on the undivided property with her own funds and has paid the charges inherent to the accommodation, charges due to Jeanne's private occupation. [...]
[...] 1he March 2016, n°15-10.748). In this case, Anne lives in the indivisible apartment, and therefore does not allow her co-owner to enjoy it as well. Therefore, the private enjoyment of the indivisible property is characterized. Furthermore, it is worth noting that it is up to the judge of the facts to assess the amount of the occupation indemnity (Cass. civ. 1he June 1996, n°94-18.879), which must take into account the locative value of the property (Cass. civ. 1he October 1992, n°91-10.773; Cass. [...]
