Understanding the Indivisibility and Effects of Mortgages on Co-owned Properties: Changes and Provisions

For other receivables, the mortgage is retained up to the assessed amount or that of the recovery title, if it is lower. In accordance with Article 37 of Ordinance No. 2021-1192 of September 15, 2021, these provisions come into force on January 1, 2022. Article 2114 of the Civil Code specifies that a mortgage is by nature indivisible. In other words, the mortgage must relate to the entire property. This situation is encountered in the context of succession of mortgaged property. March 24, 2006 · The new article 2414 of the Civil Code now provides that “The mortgage may be granted on present or future buildings. This innovation concerns movable property considered by law as real estate according to the criteria laid down by article 524 of the Civil Code. The mortgage of an undivided building retains its effect regardless of the result of the partition if it has been granted by all the undivided co-owners. Otherwise, it retains its effect only to the extent that the co-owner who granted it is, at the time of the partition, allocated one or more of these undivided buildings or, when the building is licensed to a third party, if this co-ownership is allocated the price. If maintenance in joint ownership has not been ordered and in the absence of preferential allocation of ownership under the conditions provided for in Article 831 or Article 832, the surviving spouse or any co-owner heir may request the allocation preference of all or part of the property and real estate rights for agricultural purposes depending on the succession with a view to. March 24, 2006 The exceptional effect attributed, in common law, to the mortgage granted by all the co-owners on an undivided property by the operation of former article 2125 of the Civil Code (now article 2414 of the same Code), namely the possibility of seizing and selling the building before the division (Civ.1, November 20, 1990, n° 89-13876, Bull. Civ. [] the claim,. If a creditor cannot seize the part of a co-owner in the joint ownership (article 815-17 paragraph 2 of the civil code), he can on the other hand take a mortgage on the part belonging to. Nov. 8, 2022 The joint possessions are then called “joint possessions”. The co-owners are subject to the constraints of joint ownership, the main one being the unanimity required for the most important decision-making. The joint ownership regime is governed by the Civil Code. The applicable legal rules appear in articles 815 et seq. Nov. 19, 2020 In a judgment of July 4, 1978, the Court of Cassation nevertheless considered that “notwithstanding the provisions of article 215 paragraph 3 of the civil code, the spouses have the right to request the sharing of undivided property used for the housing of the family and that these provisions must, except in the case of fraud, be considered as unenforceable against creditors under penalty of hitting them. Oct. 20, 2010 The various categories of mortgages are of legal, judicial or conventional origin, as stated in article 2395 of the civil code (C. civ.) (BOI-REC-GAR-10- 20-10-10). Their originality is essentially due to their source, but their regime is identical to that of the conventional mortgage. Nov. 19, 2020 Article 215, par. 3 of the Civil Code therefore prohibits the spouses from disposing of one without the other “the rights by which the family’s accommodation is ensured, nor the furniture with which it is furnished”. The object of the prohibition thus laid down is twofold: On the one hand, it relates to the family residence. Nov. 19, 2020 Article 215, par. 3 rd of the Civil Code provides that “the spouses cannot, without the other, dispose of the rights by which the housing of the family is ensured, nor of the furniture with which it is furnished. It emerges from this provision that the spouses are prohibited from disposing of the family home alone. Article 815 of the Civil Code, Chapter VII of the joint ownership regime, provides that “() partition can always be brought about, unless it has been suspended by judgment or agreement. “. The division of the undivided property resulting from the unanimous vote of the co-owners, that is to say an amicable division. The mortgage is a real estate security defined by article 2385 of the Civil Code: “The mortgage is the assignment of a building in guarantee of an obligation without dispossession of the one who constitutes it”. Example: you buy a property In the latter case, the mortgage creditor registered on the head of a co-owner loses his resale right and his right of preference (art. 2414 paragraph 2 of the Civil Code).The registration of a provisional judicial mortgage is deprived of effect. < Précédente Toutes les actus > Next >. Article 2414 Version in force since January 1, 2022 Modified by Ordinance no. 2021-1192 of September 15, 2021 – art. 15 Amended by Ordinance No. 2021-1192 of September 15, 2021 – art. 19. March 24, 2006 Those who only have a right to the building suspended by a condition, or resolvable in certain cases, or subject to rescission, can only grant a mortgage subject to the same conditions or to the same rescission.