It is not because a spouse holds shares in a real estate civil partnership that the buildings of this SCI would have entered the matrimonial community.
The Court of Cassation, in a judgment rendered on March 3, dismissed the request of a wife who, during the divorce, considered that the property acquired by the SCI of her husband had therefore entered into the heritage of the shared community. .
All property, movable or immovable, acquired during the community falls into the community, supported the wife. But the buildings of the SCI belong only to it and not its associates, 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 of the buildings.
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These shares therefore have a value which is not that of the managed buildings and only the value of the shares can be entered into the marital community to be shared on the day of the divorce.
The SCI or real estate civil society: instructions for use
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