When the price and costs of the acquisition exceed the sum used or reused, the community is entitled to a reward for the excess. If, however, the community’s contribution is greater than that of the acquiring spouse, the property acquired falls into the community, except for the reward due to the spouse.
Whenever a sum is taken from the community, either to pay debts or charges personal to one of the spouses, such as the price or part of the price of property belonging to him or her or the redemption of land services, or for the recovery, conservation or improvement of his or her personal property, and generally whenever one of the two spouses has derived a personal profit from community…
If the father and mother have jointly endowed the common child without expressing the portion to which they intended to contribute, they are deemed to have each endowed half, either if the dowry was provided or promised in community property, or if it was provided in the personal property of one of the two spouses. In the second case, the spouse whose personal property has been constituted as a dowry…
The dowry constituted for the common child, in community property, is borne by the community. It must be borne half by each spouse, at the dissolution of the community, unless one of them, in constituting it, has expressly declared that he or she will bear it for the whole or for a share greater than half.
The guarantee of the dowry is due by any person who has constituted it; and its interest accrues from the day of the marriage, even though there is a term for payment, if there is no stipulation to the contrary.
The community is dissolved: 1° by the death of one of the spouses; 2° by declared absence; 3° by divorce; 4° by legal separation; 5° by separation as to property; 6° by change of matrimonial regime.
There can be no continuation of the community, notwithstanding any agreements to the contrary. Either spouse may request, where appropriate, that, in their mutual relations, the effect of the dissolution be postponed to the date on which they ceased to cohabit and collaborate.
If, through one spouse’s disorderly affairs, maladministration or misconduct, it appears that the maintenance of the community jeopardises the interests of the other spouse, the latter may pursue the separation of property in court. Any voluntary separation is null and void.
The separation of property, although pronounced in court, is null and void if proceedings to liquidate the rights of the parties have not been commenced within three months of the judgment becoming res judicata and if the final settlement has not been made within one year of the opening of the liquidation operations. The one-year time limit may be extended by the president of the court ruling on a petition.
The application and the judgment of separation of property must be published under the conditions and under the sanctions provided for by the Code of Civil Procedure. The judgment pronouncing separation of property shall go back, as regards its effects, to the day of the application. A mention of the judgment shall be made in the margin of the marriage record and on the original of the marriage contract.
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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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