After all deductions have been made from the estate, the surplus is divided equally between the spouses. If a community property is an annex to another property owned by one of the spouses, or if it is contiguous to that property, the owner spouse has the option of having it allocated to him or her by deduction from his or her share or in return for a balance, based on…
The partition of the community, in all that concerns its forms, the maintenance of indivision and preferential allocation, the licitation of property, the effects of the partition, the guarantee and the balances, is subject to all the rules that are established under the title “Of successions” for partitions between co-heirs. However, for communities dissolved by divorce, legal separation or separation as to property, preferential allotment is never by right, and…
Any spouse who has embezzled or concealed some of the community effects is deprived of his or her share in the said effects. Similarly, any spouse who has knowingly concealed the existence of a common debt must assume it definitively.
After the partition has been consummated, if either spouse is a personal creditor of the other, such as where the price of his or her property has been used to pay a personal debt of his or her spouse, or for any other reason, he or she exercises his or her claim against the share that has fallen to the latter in the community or against his or her personal…
Personal claims that the spouses have against each other do not give rise to a levy and bear interest only from the day of the summons. Unless otherwise agreed by the parties, they are assessed according to the rules of article 1469, third paragraph, in the cases provided for therein; interest then accrues from the date of liquidation.
Donations that either spouse may have made to the other are executed only on the donor’s share of the community and on his or her personal property.
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.
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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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