Section 5 : Stipulation of unequal shares.

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.