Book III: Different ways of acquiring property

In the event of insufficiency of the community, the levies of each spouse are proportional to the amount of the rewards due to him or her. However, if the insufficiency of the community is attributable to the fault of one of the spouses, the other spouse may exercise his or her levies before him or her on all the community property; he or she may exercise them subsidiarily on the…

Rewards due from or to the community shall bear interest ipso jure from the day of dissolution. However, where the reward is equal to the remaining profit, interest shall accrue from the day of liquidation.

Withdrawals from community property constitute a partition transaction. They do not confer on the spouse exercising them any right to be preferred to community creditors, except for the preference resulting, where applicable, from the legal mortgage.

After all deductions have been made from the estate, the surplus is divided equally between the spouses. If a community property is an annex to another property owned by one of the spouses, or if it is contiguous to that property, the owner spouse has the option of having it allocated to him or her by deduction from his or her share or in return for a balance, based on…

The partition of the community, in all that concerns its forms, the maintenance of indivision and preferential allocation, the licitation of property, the effects of the partition, the guarantee and the balances, is subject to all the rules that are established under the title “Of successions” for partitions between co-heirs. However, for communities dissolved by divorce, legal separation or separation as to property, preferential allotment is never by right, and…

Any spouse who has embezzled or concealed some of the community effects is deprived of his or her share in the said effects. Similarly, any spouse who has knowingly concealed the existence of a common debt must assume it definitively.

After the partition has been consummated, if either spouse is a personal creditor of the other, such as where the price of his or her property has been used to pay a personal debt of his or her spouse, or for any other reason, he or she exercises his or her claim against the share that has fallen to the latter in the community or against his or her personal…

Personal claims that the spouses have against each other do not give rise to a levy and bear interest only from the day of the summons. Unless otherwise agreed by the parties, they are assessed according to the rules of article 1469, third paragraph, in the cases provided for therein; interest then accrues from the date of liquidation.

Donations that either spouse may have made to the other are executed only on the donor’s share of the community and on his or her personal property.