The liquidation of your matrimonial property regime (liquidation du régime matrimonial) necessarily accompanies the dissolution of your marriage. This procedure aims to divide fairly the assets, debts, and claims accumulated during your marriage, distinguishing between your separate property (biens propres), acquired before the marriage or received by inheritance, and your joint property (biens communs), acquired during the marriage.
If you are married under the default statutory regime of community property limited to acquisitions (communauté réduite aux acquêts), like the vast majority of married couples in France, all property acquired during the marriage will be presumed to be joint property and must be divided equally.
The terms and conditions depending on the type of divorce
Out-of-court divorce by mutual consent (divorce par consentement mutuel extrajudiciaire): once an agreement has been reached, the liquidation must be completed in full before your divorce agreement is signed.
Note: the liquidation statement (état liquidatif) must be drawn up before a notary when it includes real estate.
Court-based divorce by mutual consent: you must submit to the judge a single agreement, which must include a liquidation statement for your matrimonial property regime and is subject to the judge’s approval.
Contested divorce: you may enter into an early liquidation agreement during the proceedings. If no agreement is reached, the judge may appoint a notary to draw up a draft liquidation or rule directly on your requests for division.
Inventory and valuation of joint assets
You must list and value all your joint assets: movable and immovable property, bank accounts, financial investments, as well as your joint and personal debts.
For the valuation of real estate, the involvement of an independent real estate expert is recommended.
In addition, there is the calculation of compensation payments (récompenses), which makes it possible to rebalance the financial flows between your separate assets and the joint assets (e.g., if you have used your own funds to improve a joint asset, or vice versa, financial compensation will have to be calculated).
The terms of the division
There are three main methods of division:
- Division in kind: physical distribution of the assets between you
- Sale by auction (licitation): sale of the assets and division of the proceeds
- Preferential allocation: allocation of certain assets to one of you in exchange for the payment of a sum of money, known as an equalization payment (soulte), to the other.
In the event of persistent disagreement, the division is made by the court. The judge then forms lots and draws them by lot, or orders the sale by auction of assets that are difficult to divide.
Gaëtan Escudey, a family lawyer, assists and advises you in the liquidation of your matrimonial property regime.
This general information does not replace a consultation: each situation requires individual assessment.
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