When you divorce, it is not enough to end the marital relationship. You must also organize the separation and division of your assets, i.e., carry out the liquidation of your matrimonial regime (liquidation du régime matrimonial).
What is it? The liquidation of the matrimonial regime is the process of fairly distributing the assets, debts, and claims accumulated during the marriage, according to the matrimonial regime (community property, separation of property, etc.) and according to each spouse’s expenses and enrichment.
When and how are our assets divided? Once the divorce has been granted, you will then be in a phase of post-community joint ownership (indivision post-communautaire):
- If you reach an agreement on the distribution of the assets acquired during the marriage, you simply need to sign a division agreement, usually prepared by a notary (a draft statement of liquidation, or projet d’état liquidatif).
- In the absence of agreement, one of you will have to summon the other to court for the liquidation and division (liquidation-partage) of your matrimonial regime.
Any debts and claims involving your spouse will also be assessed, and those owed to or by the community or the post-community joint ownership may give rise to compensation (récompenses).
Indeed, if you have become poorer for the benefit of the community (or of your spouse), the community will owe you a sum to compensate for its enrichment; in other words, you will be entitled to compensation. Conversely, if your spouse or the community has become poorer for your benefit, you will have to pay them compensation.
What are the consequences for the family home? The family home has a special status.
- If you co-own the home with your spouse, the judge may decide to award it to one of you through preferential allocation (attribution préférentielle, Article 267 of the French Civil Code), but on condition that the spouse who receives the home pays the other an equalization payment (soulte) corresponding to their rights in the property.
- If the home is rented, you are necessarily deemed joint holders of the lease. Even in the event of separation, each of you remains liable for paying the rent until the divorce is final, unless the judge decides otherwise.
After the divorce, the judge may decide to assign the lease to one of you, taking into account family interests, possibly in return for an indemnity for the other (Article 1751 of the French Civil Code).
Gaëtan Escudey is available to advise you on the liquidation of your matrimonial regime.
This general information does not replace a consultation: each situation requires individual assessment.
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