Book III: Different ways of acquiring property

The final patrimony includes all property belonging to the spouse on the day the matrimonial property regime is dissolved, including, where applicable, that which he or she would have disposed of mortis causa and without excluding any sums of which he or she may be a creditor to his or her spouse. If there is a divorce, separation from bed and board or early liquidation of acquests, the matrimonial property…

Existing property is fictitiously combined with property not included in the original patrimony and disposed of by the spouse by gift inter vivos without the spouse’s consent, as well as property fraudulently alienated by the spouse. Disposal by way of life annuity or outright gift is presumed to have been made in fraud of the spouse’s rights, if the spouse has not consented. .

Existing assets are valued according to their condition at the time of the dissolution of the matrimonial property regime and according to their value on the day of its liquidation. Assets that have been alienated by gifts inter vivos, or in fraud of the spouse’s rights, are estimated according to their condition on the day of alienation and the value they would have had, had they been retained, on the…

If a spouse’s final assets are less than his or her original assets, the shortfall is borne entirely by that spouse. If it is greater, the increase represents the net acquests and gives rise to participation. If there are net acquests on both sides, they must first be offset. Only the surplus is shared: the spouse whose gain was less is a creditor of his or her spouse for half…

The participation claim gives rise to a cash payment. If the debtor spouse encounters serious difficulties in paying it in full as soon as the liquidation is closed, the judges may grant him or her periods not exceeding five years, on condition that he or she provides security and pays interest. The participation claim may, however, give rise to settlement in kind, either with the consent of both spouses or…

The creditor spouse shall pursue recovery of his or her participation claim first against existing property and subsidiarily, starting with the most recent alienations, against the property referred to in Article 1573 which had been alienated by gift inter vivos or in fraud of the spouse’s rights.

At the dissolution of the matrimonial property regime, if the parties do not agree to proceed with the liquidation by agreement, one of them may apply to the court for it to be proceeded with judicially. The rules prescribed for arriving at the judicial partition of successions and communities are applicable to this request, as appropriate. The parties are required to communicate to each other, and to the experts appointed…

If the application of the valuation rules set out in articles 1571 and 1574 above should lead to a result manifestly contrary to equity, the court may derogate from it at the request of one of the spouses.

If the disorder of the affairs of one spouse, his or her poor administration or misconduct, give reason to fear that the continuation of the matrimonial property regime will jeopardise the interests of the other spouse, the latter may request the early liquidation of his or her participation claim. The rules of separation as to property apply to this request. When the application is granted, the spouses are placed under…

In stipulating participation in acquests, the spouses may adopt any clauses not contrary to articles 1387, 1388 and 1389. In particular, they may agree to an unequal sharing clause, or stipulate that the survivor of them, or one of them if he or she survives, will be entitled to all the net acquests made by the other. It may also be agreed between the spouses that whichever of them has…