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.
The community which has discharged a debt for which it could be sued by virtue of the preceding articles is nevertheless entitled to a reward, whenever this commitment had been contracted in the personal interest of one of the spouses, as well as for the acquisition, conservation or improvement of a property of its own.
The community is entitled to a reward, after deduction, where applicable, of the profit it has derived, when it has paid fines incurred by a spouse as a result of criminal offences, or reparation and costs to which he or she had been sentenced for civil torts or quasi-torts. It is similarly entitled to a reward if the debt it has discharged had been contracted by one of the spouses…
Where a debt has entered the community on the part of only one of the spouses, it may not be pursued against the other’s own property. If there is joint and several liability, the debt is deemed to have entered the community on the part of both spouses.
Each spouse has the power to administer the joint property alone and to dispose of it, subject to liability for any faults he or she may have committed in his or her management. Acts performed without fraud by one spouse are enforceable against the other. The spouse who exercises a separate profession has sole power to perform the acts of administration and disposal necessary for it. All subject to articles…
The spouses may not, one without the other, dispose of community property inter vivos, gratuitously. Nor may they, one without the other, assign any of that property to guarantee the debt of a third party.
A legacy made by a spouse may not exceed his or her share in the community. If a spouse has bequeathed an item from the community, the legatee may claim it in kind only to the extent that the item, by the event of partition, falls within the lot of the testator’s heirs; if the item does not fall within the lot of those heirs, the legatee has the reward…
The spouses may not, one without the other, alienate or encumber with real rights immovables, businesses and holdings belonging to the community, nor non-negotiable corporate rights and tangible movable property the alienation of which is subject to publicity. They may not, without their spouse, receive the capital arising from such transactions. Similarly, they may not, one without the other, transfer community property into a trust estate.
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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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