Justice has found wrong an ex-wife who wanted to assert her rights to the real estate held by the SCI of her ex-husband.
It is not because a spouse holds shares in a civil real estate company that the buildings of this SCI would have entered the matrimonial community. The Court of Cassation rejected the request of a wife married under the regime of the community reduced to acquests who, during the divorce, considered that the property acquired by the SCI of her husband had therefore entered into the patrimony of the community to share ( Cass. Civ 1, 2.3.2022, E 20-20.278 ).
Any property, movable or immovable, acquired during the community falls into the community, maintained the wife. But the buildings of the SCI belong only to it and not to its partners, have rectified the judges and the divorce does not cause the dissolution of the SCI. The partners only hold shares and rights to the shares. They are entitled to the profits made, they have the right to information, to vote and to control but not a right of ownership over the buildings.
Value of shares and value of buildings
These shares therefore have a value which is not that of the buildings managed and only the value of the shares can be entered into the marital community to be shared on the day of the divorce.
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