Chapter II: Joint tenancy

The community owes a reward to the owner spouse whenever it has benefited from own property. This is the case, in particular, when it has received own money or money from the sale of own property, without it having been used or reused. If a dispute is raised, proof that the community has benefited from own property may be administered by any means, even by testimony and presumptions.

Use or reinvestment is deemed to be made with regard to a spouse whenever, at the time of an acquisition, he has declared that it was made from his own funds or from the alienation of an own, and to take the place of use or reinvestment. In the absence of such a declaration in the deed, the use or reinvestment takes place only by the agreement of the spouses,…

If the use or reinvestment is made in advance, the property acquired is the community’s own, provided that the sums expected from the community’s own assets are paid to the community within five years of the date of the deed.

When the price and costs of the acquisition exceed the sum used or reused, the community is entitled to a reward for the excess. If, however, the community’s contribution is greater than that of the acquiring spouse, the property acquired falls into the community, except for the reward due to the spouse.

Whenever a sum is taken from the community, either to pay debts or charges personal to one of the spouses, such as the price or part of the price of property belonging to him or her or the redemption of land services, or for the recovery, conservation or improvement of his or her personal property, and generally whenever one of the two spouses has derived a personal profit from community…

If the father and mother have jointly endowed the common child without expressing the portion to which they intended to contribute, they are deemed to have each endowed half, either if the dowry was provided or promised in community property, or if it was provided in the personal property of one of the two spouses. In the second case, the spouse whose personal property has been constituted as a dowry…

The dowry constituted for the common child, in community property, is borne by the community. It must be borne half by each spouse, at the dissolution of the community, unless one of them, in constituting it, has expressly declared that he or she will bear it for the whole or for a share greater than half.

The guarantee of the dowry is due by any person who has constituted it; and its interest accrues from the day of the marriage, even though there is a term for payment, if there is no stipulation to the contrary.