The advantages that either spouse may derive from the clauses of a community agreement, as well as those that may result from the commingling of movables or debts, are not regarded as gifts.
However, if there are children who are not children of both spouses, any agreement that would result in one of the spouses receiving more than the portion regulated by Article 1094-1, under the heading “Gifts inter vivos and wills”, shall be ineffective in respect of the whole excess; but simple benefits resulting from joint work and savings made on the respective, albeit unequal, incomes of the two spouses shall not be regarded as an advantage made to the prejudice of children of another bed.
However, the latter may, in the forms provided for in articles 929 to 930-1, waive their right to request the reduction of the excessive matrimonial advantage before the death of the surviving spouse. In this case, they benefit by operation of law from the legal mortgage provided for in 4° of article 2402 and may request, notwithstanding any stipulation to the contrary, that an inventory of the movable property and a statement of the immovable property be drawn up.