Regime Legal De Separation Des Biens
After marriage and the conclusion of a marriage contract, all property purchased by the couple must be allocated exactly to one or other of its members. Each of them will be the sole owner of the property he has purchased. However, some household assets require solidarity between the members of the couple: this is particularly true for the family home and expenses related to the education of children. As in the Community Ordinance, each spouse retains ownership of the property he or she owned before the marriage, but the fundamental difference is that each spouse also retains ownership of the property he or she will acquire during the marriage, as well as his or her professional income and savings. Separation of property is a matrimonial regime and a civil partnership regime. Some couples may very well end up in the court system, while others prefer to opt for another system because, for example, they do not want to share their income or create joint property. These couples therefore prefer to keep their assets separate so that they can manage them independently. They therefore opt for a marriage contract in order to marry as part of the “separation of property”. However, the notary will inform the future spouses that this regulation does not provide for a mechanism for restoring accounts (no premium accounts) in the event of a transfer of assets from the inheritance of one of the spouses to the inheritance of the other spouse. However, a spouse impoverished for the benefit of his or her spouse`s property has a claim against him. The marriage contract signed by the future spouses before the celebration of the union allows them to define precisely the financial situation of the spouses during the marriage, the fate of the property, the advantages granted to the spouses and their professional constraints. If the choice of legal system is not enshrined in the PACS Convention, the division of property prevails.
The system creates a watertight boundary between the assets of each partner: the assets acquired during the PACS are strictly confidential. When you separate from your spouse, everyone keeps their property as long as they prove ownership. Legal separation occurs when a judge releases a couple from the obligation to live together at the time of marriage. In this case, the separation of property necessarily follows from the separation of legal persons. Both spouses, who remain married until divorce, must then determine who owns the property acquired since the beginning of their life together. The judge decides on the treatment of children and the allocation of apartments that are part of the property on which a couple can be in co-ownership, which means that they do not enter a priori into the regime of separation. Regime of separation of property, universal communion, regime of participation in conquests: the marriage contract makes it possible to prepare together one`s civil status. If two partners sign a Civil Solidarity Pact (PACS), the regime of separation of property applies ipso jure, unless otherwise stated in the contract. Everyone is therefore the sole owner of the property he owned before the PACS and the property he will buy as part of living together under the PACS regime. The Civil Solidarity Pact stipulates that if one of the partners does not prove that he or she is the owner of a particular property, it is considered to be the property of both parties. This regime of total separation does not organize a mechanism for dividing economies.
If one spouse interrupts his or her career to raise children or is forced to end his or her career, he or she is not entitled to the savings that the other spouse will make from his or her own career. However, as we will see later, there are clauses that guarantee a certain financial solidarity between the spouses (“corrected” separation of property). As in the case of property, debts incurred by one of the spouses before or during the marriage remain theirs, regardless of the cause or origin of these debts.
