Article 1446 of the French Civil Code
November 7, 2023
The creditors of a spouse may not apply on his or her behalf for separation as to property.
The creditors of a spouse may not apply on his or her behalf for separation as to property.
When the action for separation of property has been brought, the creditors may summon the spouses by lawyer-to-lawyer deed to communicate the application and supporting documents to them. They may even intervene in the proceedings to preserve their rights. If the separation has been pronounced in fraud of their rights, they may appeal against it by way of third-party opposition, under the conditions laid down in the Code of Civil…
The spouse who has obtained separation as to property must contribute, in proportion to his or her faculties and those of his or her spouse, both to the expenses of the household and to those of the education of the children. He or she must bear these expenses in full, if there is nothing left to the other.
The separation of property pronounced by the court has the effect of placing the spouses under the regime of articles 1536 et seq. The court, in pronouncing the separation, may order that a spouse pay his or her contribution into the hands of his or her spouse, who will henceforth assume sole responsibility with regard to third parties for the settlement of all the expenses of the marriage.
Articles 265-2 are suspended, as regards their effects, until the divorce is granted; they may not be enforced, even as between spouses, until the judgment has become res judicata. One of the spouses may request that the divorce decree modify the agreement if the consequences of the divorce fixed by that decree call into question the bases of the liquidation and partition.
Once the community has been dissolved, each of the spouses takes back any property that had not entered the community, if it exists in kind, or property that has been subrogated to it. The joint estate, both active and passive, is then liquidated.
An account shall be drawn up, in the name of each spouse, of the rewards owed to him by the community and the rewards owed by him to the community, in accordance with the rules prescribed in the preceding sections.
The reward is, in general, equal to the lower of the two sums represented by the expenditure made and the profit remaining. It may not, however, be less than the expenditure made where this was necessary. It may not be less than the profit remaining, where the value borrowed has been used to acquire, conserve or improve an asset which is, on the day of the liquidation of the community,…
If, after balancing, the account shows a balance in favour of the community, the spouse reports the amount to the common estate. If it shows a balance in favour of the spouse, the spouse has the choice either to demand payment or to deduct from the common estate up to the amount due.
Withdrawals are made first from cash, then from movables, and secondarily from community property. The spouse making the deduction has the right to choose which movables and immovables he will deduct. He may not, however, by his choice prejudice the rights that his spouse may have to apply for the maintenance of indivision or the preferential allocation of certain property. If the spouses wish to draw on the same property,…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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