Undivided
Joint and several creditors: priorities and allocation rules
By Raphaël MORENON15 July 2025The management of jointly owned assets, whether inherited, post-communal or acquired jointly, raises complex issues when creditors are involved. The situation becomes even more complicated when several categories of creditor, with divergent interests, are competing for the same assets. Understanding the hierarchy and rights of each is fundamental to anticipating and resolving conflicts. This technical article sets out in detail the rules governing priorities and the allocation of assets, based on the fundamental principles of seizure and the specific features of joint ownership law. A misunderstanding of these mechanisms can have significant financial consequences, both for creditors and for the joint owners themselves. For a general introduction to the key concepts of joint ownership and creditors' rights, our pillar article will provide you with the necessary grounding. Fundamental distinction between undivided co-ownership creditors and the personal creditors of the undivided...
Seizure of undivided interests: why are personal creditors restricted?
Joint ownership, Civil procedureWhen someone owes you money, their assets are your collateral. You have the right to resort to seizures to obtain payment of your debt. But what happens when your debtor does not own his assets outright, but in joint ownership with other people, for example?The right of undivided co-ownership creditors to levy: mechanisms and implementation
Joint ownership, Civil procedureWhen assets are held jointly, whether as a result of inheritance, divorce or joint acquisition, managing debts can quickly become a source of complexity and conflict. For creditors, identifying the right debtor and the assets that can be seized is a major challenge....Joint ownership and creditors: understanding their rights and obligations
Joint ownership, Civil procedureWhen a property is held by several people, whether as a result of inheritance, divorce or joint purchase, the resulting legal situation is known as indivision. While this situation can be chosen, it is often suffered and can become a source of complexity, particularly when...
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