Each spouse retains full ownership of his or her own property. The community is entitled only to fruits collected and not consumed. But recompense may be due to it, on dissolution of the community, for fruits which the spouse has neglected to collect or has consumed fraudulently, without any search, however, being admissible beyond the last five years.
Forming private property by their nature, even if they were acquired during the marriage, are clothing and linen for the personal use of one of the spouses, actions for compensation for bodily or moral injury, non-transferable debts and pensions, and, more generally, all property which is personal in nature and all rights exclusively attached to the person. Instruments of work necessary for the profession of one of the spouses also…
Property which the spouses owned or possessed on the day of the celebration of the marriage, or which they acquire during the marriage by succession, gift or legacy, remains separate. The gift may stipulate that the property which is the subject of it shall belong to the community. The property falls into the community, unless otherwise stipulated, when the gift is made to both spouses jointly. Property abandoned or transferred…
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.
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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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