2023-04-19 07:08:58
Regime of separation of property, universal community, regime of participation in acquests… Several contracts are available to spouses to govern the property they have in community. If the spouses choose separation of property, each of them retains the administration, enjoyment and free disposal of their personal property. Each of them remains solely responsible for the debts contracted in his person before or during the marriage. The Court of Cassation recalls this principle in the following case.
A couple is building a house. The walls belong to one of them, but the other helps her husband finance the housing. At the time of the divorce, the spouse who enjoys the house refuses to repay her ex-husband who participated. He considers that the house built served as family accommodation for years, that the expense was modest and one-off, and that it can be deduced that it relates to participation in the expenses of the marriage. The other spouse disputes and pleads that this payment cannot be considered as an over-contribution to the expenses of the marriage.
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