Court of Appeal of Versailles, February 5, 2026, Case No. 23/06579: Financing of an undivided property and proof of the liberal intention

The Court confirms that a spouse subject to a separate property matrimonial regime, who has contributed to the financing of an indivisible asset in excess of his or her ownership share, may be entitled to a claim for reimbursement, provided that the origin of the funds and their application to the acquisition of the asset in question are clearly established.

The Court further dismisses the contention that such disproportionate financing, combined with equal ownership shares, automatically constitutes an indirect gift in favour of the other spouse. A genuine animus donandi must be positively demonstrated.