Early repayment of the loan taken out for the purchase of the undivided property by a partner from his personal funds: an expense necessary for the conservation of the property

 

In an important opinion of July 5, 2023, the first civil chamber affirms that the early repayment of a loan having allowed the acquisition of undivided property, when it is carried out by an undivided owner using his personal funds during joint ownership, constitutes an expense necessary for the conservation of this property within the meaning of article 815-13, paragraph 1er, of the civil code.

 

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