The division of a property purchased in half is done by half regardless of the financing

In a separation necessarily comes the time of the calculations and when it comes to the purchase of a property made at the time of the joint life, it is not uncommon that the concubines, partners, spouses, try to argue that despite the stipulations of the notarial deed providing for one half ownership of the property, the financing of the property has not been made in these proportions and therefore justifies a sharing according to these proportions and not by half.

It is following that same argument that the Court of Appeal of Pau had ruled, considering that since each of the co-owners had financed in a personal capacity the construction of the house, the man for 46,24%, the woman for 31,22%, their rights over the undivided house amounted to these same proportions.

By judgment of January 10, 2018, the Court of Cassation quashed the appeal decision, recalling that those who purchase a property in joint ownership acquire ownership, regardless of the terms of financing. Thus, when the act stipulates that the property was purchased in joint ownership in half by the co-owners undivided, the latter have acquired the property in the same proportion, regardless of their share in the financing.

Of the importance, when the financing of a property differs between the parties, to distribute the property of the asset according to these same proportions.