Section 3: Withdrawal clause in return for compensation.

The spouses may stipulate that the survivor of either of them, or one of them if he or she survives, or even one of them in all cases of dissolution of the community, shall have the option of taking certain community property, on condition that he or she take account of it in the community according to the value it will have on the day of the partition, if it…

The marriage contract may set valuation bases and terms for payment of any balance. Taking these clauses into account and failing agreement between the parties, the value of the property will be set by the judicial court.

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.