Article 1482 of the French Civil Code
Each of the spouses may be sued for all debts existing on the day of dissolution which had entered the community on his or her own account.
Home | French Legislation Articles | French Civil Code | Book III: Different ways of acquiring property | Title V: Marriage contracts and matrimonial property regimes | Chapter II: Joint tenancy | Part I: Legal community | Section 3: Dissolution of the community | Paragraph 3: Obligations and contributions to liabilities after dissolution.
Each of the spouses may be sued for all debts existing on the day of dissolution which had entered the community on his or her own account.
Each of the spouses may only be sued for half of the debts that had entered the community on the part of his or her spouse. After the partition and except in the case of concealment, he or she is only liable up to the amount of his or her emolument provided that there has been an inventory, and subject to rendering an account both of the contents of this…
The inventory provided for in the preceding article must be carried out in the manner prescribed by the Code of Civil Procedure, in the presence of both spouses or of the other spouse duly summoned. It must be closed within nine months of the day on which the community was dissolved, unless an extension is granted by the interim relief judge. It must be declared sincere and true before the…
Each of the spouses contributes half to the community debts for which no recompense was due, as well as to the costs of sealing, inventory, sale of furniture, liquidation, licitation and partition. He alone bears the debts that had become common only unless recompense is payable by him.
A spouse who may avail himself of the benefit of article 1483, second paragraph, does not contribute more than his emolument to the debts which entered the community under the head of the other spouse, unless they are debts for which he would have owed a reward.
A spouse who has paid in excess of the portion for which he was liable by application of the preceding articles has recourse against the other spouse for the excess.
He has no recourse against the creditor for this excess, unless the receipt expresses that he intends to pay only up to the limit of his obligation.
Whichever of the two spouses is sued for the whole of a community debt by the effect of a mortgage on the property which has fallen to him in partition, has by right his recourse against the other for half of that debt. .
The provisions of the preceding articles shall not prevent a clause in the partition, without prejudice to the rights of third parties, from obliging either spouse to pay a proportion of debts other than that fixed above, or even to pay the liabilities in full.
In the event of dissolution of the community, the heirs of the spouses exercise the same rights as the spouse they represent and are subject to the same obligations.
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75001, Paris France
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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
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