Le lien vers cette page a été envoyé avec succès aux destinataires.
Can we go back to the division of property following a divorce?
Verified 21 April 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Justice
Annulment of an act or procedure
False attempt to obtain consent of another person
Intentional or unintentional act causing a physical or moral disorder to the victim with harmful consequences for his person, relatives or property
Payment in cash, which can be in the form of cash, checks, transfers, etc.
Time during which legal proceedings may be instituted
Amount of money intended to compensate for the damage suffered
A copy of a court decision or instrument drawn up by a notary on which an order for enforcement is written. This form is an order given to the police or gendarmerie to assist a commissioner of justice (formerly bailiff and judicial auctioneer) in executing the decision contained in the document.
An act of the Commissioner of Justice (formerly an act of a bailiff) informing a person that a trial is being initiated against him or her and summoning him or her before a court
Person against whom legal action is brought
Is a judgment that has legal force and can be challenged only through the remedies provided
What applies to you ?
You have divorced and shared your property and you realize that a property has been forgotten or undervalued during the sharing?
There are actions in nullity sharing or share complement.
You can settle the dispute amicably by writing a convention. In case of conflict, the procedure takes place before the court. The lawyer is obligatory.
Divorce by mutual consent
After a divorce by mutual consent, you can request a share complement if you have been damaged by more than 1/4 on your part or if a property has been forgotten in the sharing.
In case of dol, of violence or error, you can request the nullity sharing.
Répondez aux questions successives et les réponses s’afficheront automatiquement
If one of the spouses has been injured more than 1/4
You have the right to share your property unevenly. For example, you may have received 1/3 of the property and your ex-husband 2/3.
However, if you have been injured more than 1/4, you can request a share complement. For example, if one of the shared assets was undervalued. The value of which you have been wronged may be given to you by cash or in kind (e.g. apartment, land).
To determine whether you have been harmed, you have to place yourself at the time of sharing and study the value that should be attributed to you.
You may agree among yourselves amicably on the additional share to be granted. A new agreement must be established and validated by the Jaf: titleContent.
In case of disagreement, the Jaf should be seized. The lawyer is obligatory.
Warning
you must act for an additional share within 2 years as of the sharing.
If a property has been forgotten in the share
You or your spouse may have forgotten to include a common good in the act of sharing. In this case, you can only apply for complementary sharing relating only to that property, even if that property is of low value.
If the property has been forgotten, the additional sharing can be done by mutual agreement between you. A new agreement must be established and validated by the Jaf: titleContent.
In the event of disagreement, the Family Court Judge must be consulted. The lawyer is obligatory.
Warning
your request is not subject to the prescription. It can be done at any time.
Sharing can be declared invalid in case of defect of consent (dol, violence) or error. In these cases, you can enter the Jaf: titleContent.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Dol or violence
Concealing intentionally important information can be considered as a dol.
These deceptions may relate to the extent of wealth, income, the reality of the family situation (new cohabitation for example).
The defect of consent may also be raised during violence committed by your ex-husband or his relatives. This is the case, for example, if you have been led to commit or give up a right because of threatening behavior and fear (economic dependence, psychological fragility...).
In case of community concealment (voluntary concealment), you can request damages to your ex-husband.
The latter may be deprived of the property allocated to him in the division.
Warning
you must act within 2 years as of the sharing.
In case of theft or violence, the prescription runs from the day you discovered the theft or the day the violence ceased.
Mistake
The nullity of the share can be requested in case oferror on the characteristics or value of a property. For example, in the event of an error in the authenticity of a work of art or if an ex-spouse is assigned an inconstructible building site whose value is diminished.
The error may relate to the rights of the former spouses or to the ownership of the property to be shared.
Warning
You must act within 2 years as of the sharing.
In case of error, the prescription runs from the day you discovered it.
If the ex-spouses reach an amicable agreement, they can establish a new agreement.
This agreement shall be approved by the Jaf: titleContent to give it the same strength enforceable only a court order.
The competent court is that of the domicile of either of the former spouses.
Who shall I contact
In case of disagreement, you must refer the matter to the family judge by subpoena. You need to take a lawyer.
The competent court shall be that of the defendant or the location of the property.
Who shall I contact
If you are under-resourced, you can request legal aid to cover all or part of your legal expenses.
Other type of divorce
You can return to the division of property resulting from a judicial divorce if you have been damaged by more than 1/4 of the value of the property at the time of the division or if a property has been forgotten.
In the case where a property has been deliberately concealed, you can challenge the sharing for community harboring.
You may not revert to a division on grounds of nullity (theft, violence or error) if your divorce has been pronounced by a judge. During the trial, the judge verified that your rights and will were respected and, since then, your judgment has been res judicata.
If you have been injured more than 1/4, you can make a action in addition to shares.
This is the case if the shareable asset or certain assets have been misvalued.
Example :
If the mass to be shared is evaluated at €160,000, everyone must receive in value €80,000. If you have received less than €60,000 in value terms, you were wronged because you received a lot that did not reach ¾ of what you would normally receive.
Warning
In assessing whether there has been injury, one must consider the value of the property to be the age of sharing and not on the day the proceedings are initiated.
You have to prove that you've been wronged.
You can agree amicably, in a convention, of the additional share to be granted. This agreement shall then be approved by the Jaf: titleContent to give it the same strength enforceable only a court order.
In case of disagreement on the additional share or on the value of the damage, the Jaf: titleContent must be seized.
The lawyer is obligatory.
Warning
you must act within 2 years as of the sharing.
If you forgot to include a common good in the act of sharing, you can make a complementary share action relating only to that property.
If you agreeagreement every 2However, the additional sharing may be done amicably in a convention. It must then be approved by the Jaf: titleContent to give it the same strength enforceable only a court order.
In case of disagreement, on Jaf: titleContent must be seized.
The lawyer is obligatory.
Warning
your request is not subject to the prescription. It can be done at any time.
Your ex-husband hijacked or concealed intentionally a common good or debt, we are talking about community harboring.
This can be done during the communal life or after the dissolution of the community until the division. For example, your ex-spouse hid the sale of shares from you or concealed the financial incentive paid by his or her employer. In these cases, there is a will to break the equality of sharing.
The same is true if your ex-husband concealed a joint debt (for example, a consumer credit).
Please note
You can apply to the judge in case of community harboring if you are married under the community reduced to acquisitions or the universal community.
You need to bring the proof of the fake you consider yourself a victim of.
The property concealed by your former spouse who committed the act is withdrawn from him and is allocated to you in full.
If a debt was concealed by your ex-husband, he assumes it alone and entirely the refund (credit, invoice...).
You can ask for damages to your ex-husband for compensation.
In the event of a disagreement over the value of a property, forgetfulness of a common property or concealment of a common debt, the Jaf: titleContent must be seized by subpoena.
It may, if necessary, order a expertise to verify the reality and the amount of your damage.
Who shall I contact
You must have a lawyer.
Who shall I contact
If you are under-resourced, you can request legal aid to cover all or part of your legal expenses.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Lawyer
Content Convention Article 229-3
Action for a declaration of invalidity
Action in addition to shares
Liquidation, sharing and receipt of the community
FAQ
Service-Public.fr
Service-Public.fr
Service-Public.fr