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Gaëtan EscudeyLawyer & Mediator · Paris Bar

Map of property settlements · French law

Which Division?Which Rights?

Community of acquests, separation of property, participation in acquests: for each regime, this map sets out what is divided and how to calculate it, from community reimbursement claims (récompenses) to the equalization payment (soulte). It applies where French law governs your matrimonial property regime.

  • Member of the Paris Bar
  • Doctor of Law
  • CNMA-listed mediator
  • FR / EN

The map

Five branches, from the regime to the division

On the left, what you need to know before counting, then the community; on the right, separation of property, participation in acquests and what follows the separation. Click on a question: it unfolds down to the rule and the method. Drag to move around; zoom with the buttons, by pinching the screen or with Ctrl + scroll wheel.

Any of these In order Another country Ruled out

Tip: each question also leads to its full sheet, further down.

Before you count

Three questions

A settlement can only be calculated properly once the regime, the applicable law and the dates are established. These three questions, in this order, avoid false leads.

  1. 1

    Does French law apply?

    Foreign nationality, marriage or life together abroad, property outside France: the law governing your matrimonial property regime must first be determined. This map only applies if that law is French law.

  2. 2

    What is your regime?

    Without a contract, the community of acquests (communauté réduite aux acquêts); with a contract, often separation of property (séparation de biens), sometimes participation in acquests (participation aux acquêts). The regime decides what is divided.

  3. 3

    Which documents to gather?

    Purchase deeds, deeds of gift and inheritance documents, loan amortization schedules, statements showing the origin of the funds, valuation opinions: a settlement is won on the evidence.

Key

  • Any of theseSeveral possible options, to be compared according to the situation.
  • In orderThe steps follow one another; each one prepares the next.
  • If another country is involvedWhat changes as soon as a foreign element appears.
  • Ruled out or to avoidThe pitfalls, and what this map does not cover.
  • Dates and deadlinesThe moments and deadlines that matter.
  • Rule and exceptionsA basic rule, then the cases where it gives way.
Reading
Cover of the guide "Which Division? Which Rights?"Browse

The PDF guide

The method, to take with you

A 19-page guide, the fourth of the four “Toolkit Guides”: the three regimes, the step-by-step calculation method, the pitfalls to avoid, and how to prepare your wealth review.

  • Browse it freely online.
  • Receive it free of charge by email, as a personal copy in your name.
  • Updated .

Protected document, strictly for personal use: reproduction and distribution prohibited without permission.

What next?

An overview opens the discussion, a review provides the proof

A settlement overview with figures lets both sides negotiate on a basis each can check. If negotiation fails, the same work prepares the court-ordered division: negotiating, without giving up on going to court.

Official texts

    Disclaimer

    This map sets out general rules of French law, as updated . It simplifies texts that include conditions and exceptions, covers neither specific contractual regimes nor international situations, and is no substitute for a consultation or for the notary’s statement of settlement. The notary’s fees and formalities costs come on top of the partition tax.

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