Property acquired as an accessory to a proprietary property, as well as new securities and other increases attached to proprietary securities, form proprietary property, subject to recompense if applicable. Also forming own property, by the effect of real subrogation, are debts and indemnities which replace own property, as well as property acquired in use or replacement, in accordance with articles 1434 and 1435.
Property acquired in exchange for property that belonged to one of the spouses in his or her own right is itself his or her own property, except for the compensation due to or by the community, if there is a balancing payment. However, if the balancing payment payable by the community is greater than the value of the property transferred, the property acquired in exchange falls into the common estate,…
The acquisition made, by way of auction or otherwise, of a portion of property of which one of the spouses was the undivided owner, does not form an acquest, except for the recompense due to the community for the sum it may have provided.
The community is composed passively: -finally, of the maintenance owed by the spouses and the debts contracted by them for the upkeep of the household and the education of the children, in accordance with Article 220; on a final basis or subject to recompense, as the case may be, for other debts arising during the community.
The debts for which the spouses were liable on the day of the celebration of their marriage, or which are encumbered by the successions and gifts which devolve upon them during the marriage, remain personal to them, both in capital and in arrears or interest.
The creditors of either spouse, in the case of the preceding article, may pursue payment only against their debtor’s own property and income. They may, however, also seize community property where the movable property which belonged to their debtor on the day of the marriage or which fell to him by succession or gift has been merged into the common patrimony and can no longer be identified according to the…
Reward is due to the community that has discharged a spouse’s personal debt.
The payment of debts for which each spouse is liable, for whatever reason, during the community, may always be pursued out of the community property, unless there has been fraud on the part of the debtor spouse and bad faith on the part of the creditor, except for the reward due to the community if applicable.
The earnings and wages of a spouse may only be seized by his or her spouse’s creditors if the obligation was incurred for the maintenance of the household or the education of the children, in accordance with Article 220. When earnings and wages are paid into a current or deposit account, these may only be seized under conditions defined by decree.
Each of the spouses may only commit his or her own property and income, by a guarantee or loan, unless these have been contracted with the express consent of the other spouse who, in this case, does not commit his or her own property.
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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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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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