A civil society real estate must have a real functioning, regardless of the links between its members. In this case, the Court of Cassation requires the appointment of a director since the family or marital ties can not justify the non respect of the strict rules imposed by the law. The accounting documents must be communicated, the meetings held and the members of the SCI must continue to be interested in its operation. Also, the Court of Cassation deems it very useful the appointment of a provisional manager even if the SCI is free from any threat of imminent danger.
The divorce case in question
Take the example of a spousal SCI for the purchase and management of real estate. Difficulties arise at the time of divorce. The wife says she has never been aware of the details regarding the acquisition of the property. For her part, the husband replied that she had never been interested in these cases, which is why he decided to manage everything alone.
No general meeting has ever been held, and no communication of accounts as well. Nevertheless, the husband emphasizes that the society continued to function properly and presented no threat.
In this case, the judges consider that the reasons given by the husband do not justify the lack of information of the wife. The law effectively requires that “any partner” participate in the decisions and be kept informed at least once a year.
It has therefore been ordered for this couple that a review of accounts from many previous years be conducted by an expert, in order to determine the share that falls to each of the two parties.
Buy a couple in Mauritius
Mauritius encourages foreigners to acquire real estate. It meets all the criteria to live a happy life, especially in the real estate sector. This is manifested by the availability of an entire program to take advantage of the best conditions to encourage foreign investment. Most notably, the PDS program allows foreign nationals to buy a luxurious house or apartment, whether or not associated with services, in Mauritius.
When a couple decides to divorce or to separate, the matrimonial regime chosen on the day of the marriage makes it possible to divide the inheritance in a fair and equitable way. The separation of property regime allows each spouse to have financial and material independence. All property acquired before and after the marriage then remains own property and both parties own their respective assets. In this case, if a divorce occurred, both of them have no right to the fortune of one and the other. And if one of them has participated in the purchase of a good of the other, he can ask a surplus-value.
In the case of a matrimonial regime in a community of property, the total income and wealth of the married are combined into a common good. In the case of divorce, both spouses have the same rights to their common property, including real estate. However, in the case of a contract signed in advance, it will be taken into account which of the two parties will have the most invested in the property.
Generally, it is recommended for a couple to note all expenses in the case of a property in common. This allows, in case of divorce, to prove who made the real estate purchase and by what means.
