Separation of goods

In French right, the mode of separation of goods applies to the husbands because either of a marriage contract, or of a legal decision made within the framework of the separation of the couple. With this matrimonial Mode, all the goods which exist at the day of the marriage and all those acquired during this one remain the exclusive property of their holder. It is the dedication of the independence of the inheritances. Each husband is owner of the existing goods before the marriage, those received by donation, legacy or heritage, or acquired with his incomes. This is why it is often selected when one of the husbands follows an occupation at the risks and wants to preserve its spouse of the debts that it is likely to contract within the framework of the exercise of his activity.

The separation of goods is the mode privileged for the manual gifts, indirect or disguised donations, because the possible disputes on the validity of the gift become rarer then.

During the marriage

Each husband freely manages his incomes and his goods subject providing for maintenance with the children and the household according to his resources.

There does not exist common mass between the husbands, but an undivided mass made up of the goods:

Acquired by the husbands together in the name of one and other, either on a purely free basis, or subject to payment.
For which none the husbands can prove the exclusive property: they are undivided per half between the husbands.

Correlatively, there is separation of the debts, each husband being only in charge of the personal liability former or posterior with the marriage.

With the dissolution of the marriage

Divide goods

With the dissolution of the separatist mode, each husband takes again its personal goods.

In the event of difficulty to determine which is the owner of the good bought during the marriage by the husbands, it is necessary to apply the principle according to which only the document of title is taken of the quality of owner. The criterion drawn from the way of financing of the operation or the origin of the sums of money necessary to the payment from the price is without incidence. The Court of appeal recently recalled the principle of the primacy of the title on finance, in a stop of May 31st, 2005, in connection with titles of capitalization. It should be noted that:

If necessary, the husband " appauvri" be is entitled to an allowance,
the presumptions of evidence of property envisaged in the marriage contract can be reversed.

The undivided goods are divided. By the play of the declaratory effect of the division, the husband who sees himself allotting a batch is famous in being sole owner as of the date of the division. The rights in rem that the other husband had constituted on this good (mortgage) can thus be raised.

Caution

Pursuant to the principle according to which " no one is not held to remain in the indivision" , the division of the undivided goods can intervene in the course of mode, at the request of a husband, a personal creditor or the liquidator of the one of the husbands. In this case, the preferential attribution of a good to the one of the husbands remains possible.

Allowance

It is frequent that the husband who took part in the community activity of joint sound claims him, once the marriage dissolves, a remuneration. If it proves that its participation went beyond its obligation to contribute to the loads of the marriage, it receives an allowance then.

Credit between husband

It was judged that the husband who financed the construction of a house on the personal ground of joint sound is entitled to an allowance (the house having become by accessory the property of the spouse) equal to the appreciation gotten to the ground by construction. It is thus necessary to compare the current value of the building with that of the ground.

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