Liquidation Of The Matrimonial Regime: 4 Things You Need To Know
The liquidation of the matrimonial regime (status of the property of married persons) is one of the consequences of the breakdown of the marriage or the dissolution of the community. It consists of determining the community’s extent and fixing the rights and obligations of each spouse.
Indeed, it allows distributing the common assets and liabilities between the spouses or heirs. The purpose of this article is to provide an overview of the procedure for the liquidation of the matrimonial regime.
When does the liquidation of the matrimonial regime take place?
The liquidation of the matrimonial regime mainly concerns spouses with a community property regime, also called a community of acquests. In other words, spouses with a separatist regime are spared this procedure, as each spouse takes back their own property.
It is triggered when one of the following cases occurs:
- Death of one of the spouses
- Declaration of nullity of marriage
- Judicial separation of body and property
- Change of matrimonial regime
But the first two cases are the most common and well-known. In the case of a contentious divorce, the liquidation can take place before, during, or after the divorce. However, in the case of a divorce by mutual consent, it must take place before the divorce.
For this, the spouses join the liquidation statement (established by a notary if there is real estate) concerning the presence and absence of property to be shared in the divorce agreement and give it to the judge of family affairs. In the event of death, the liquidation of the matrimonial regime makes it possible to determine the share of the deceased (half of the common property) which constitutes the estate.
What property must be liquidated in a community regime?
To proceed with the liquidation of a community regime, a distinction must be made between private property and common property. They are constituted by: the goods acquired by one of the spouses before the marriage the goods acquired during the marriage by inheritance, gift, or legacy. Own property is subject to automatic recovery.
While the common property forms the common mass, they consist of all the property acquired, together or separately, during the marriage. In all cases, the property mentioned refers to salaries, movable property, real estate, securities, money, etc.
How to proceed with the liquidation?
The liquidation procedure requires the intervention of a notary. It includes 2 steps. First, the notary draws up a list and evaluates the value of the joint property forming the assets and the joint debts forming the liabilities. This is done on the basis of information provided by the spouses or ex-spouses.
Secondly, he proposes a project on the modalities of equal sharing of these assets and debts. Moreover, the liquidation of the joint estate implies a legal principle of reward, which aims at reconstituting in value the joint patrimony and the own patrimonies. To do this, the notary calculates and settles the rewards. Reward occurs when the community has paid a personal debt to one of the spouses or when the community has benefited from a spouse’s own property.
How to settle a disagreement related to the partition project?
When there is a disagreement related to the partition project, the liquidation must be carried out by judicial means. Contact a law firm specializing in civil law (family law, inheritance, and patrimony) such as Constant Avocats located in Lille to guide you in this process and win your case.
Your lawyer will refer the matter to the family court judge by issuing a writ of summons (written procedure). This summons must contain a summary description of the assets to be divided, the plaintiff’s claims regarding the division, and the steps taken for an amicable division.
Following the summons, on the one hand, if the division appears to be simple, the judge orders the division and appoints a notary who will draw up the deed of division, inform the judge and close the procedure.
On the other hand, if the partition seems complex, the court appoints a notary to carry out the partition and appoints a judge to supervise the operations. But if the notary cannot resolve the partition, the judge will rule on the unresolved points of disagreement.
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