The right of withdrawal lapses if the beneficiary spouse has not exercised it by notifying the other spouse or his or her heirs within one month of the day on which the latter gave him or her formal notice to take a decision. This formal notice may not itself take place before the expiry of the period provided for in the title: “Estates” for making an inventory and deliberating. .
The levy is a division transaction: the property levied is set off against the beneficiary spouse’s share; if its value exceeds that share, a balance is payable. The spouses may agree that the compensation due by the levier will be set off subsidiarily against his or her rights in the predeceased spouse’s estate.
It may be agreed in the marriage contract that the survivor of the spouses, or one of them if he or she survives, shall be entitled to take from the community, before any partition, either a certain sum, certain property in kind, or a certain quantity of a specified species of property.
The preciput is not regarded as a gift, either in substance or in form, but as a marriage agreement and between partners.
When the community is dissolved during the lifetime of the spouses, there is no need to issue the precipitate; but the spouse in whose favour it has been stipulated retains his rights for the event of survival, subject to Article 265. He may require a surety from his spouse as security for his rights.
Community creditors always have the right to have the effects included in the preciput sold, except for the spouse’s recourse to the remainder of the community.
The spouses may derogate from the equal division established by law.
Where it has been stipulated that the spouse or his or her heirs will only have a certain share in the community, such as one-third or one-quarter, the spouse thus reduced or his or her heirs only bear the community debts in proportion to the share they take in the assets. The agreement is void if it obliges the spouse so reduced or his heirs to bear a greater share,…
The attribution of the entire community can only be agreed for the event of survival, either in favour of a designated spouse or in favour of whoever survives. The spouse who retains the entire community in this way is obliged to pay all its debts. It may also be agreed, in the event of survival, that one of the spouses will have, in addition to his or her half, the…
The stipulation of unequal shares and the full allocation clause are not deemed to be donations, either in substance or in form, but simply marriage agreements and agreements between partners. Unless otherwise stipulated, they do not prevent the heirs of the predeceased spouse from taking over the contributions and capital that fell into the community as a result of their author.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
