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Can the division of property resulting from divorce be reversed?
Verified 22 July 2019 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
What applies to you ?
Yes. The division of property resulting from a divorce, following the divorce, may be reversed if one of the former spouses has been harmed by more than a quarter of the value of the property in the division or if a property has been forgotten.
Divorce by mutual consent
The only case where one can go back on the sharing of property after a divorce by mutual consent is if a property has been forgotten in the sharing.
It may happen that the spouses have forgotten to include in the deed of partition a property belonging to them in common.
The omission of this property may result in a further division relating only to this property.
Complementary sharing is possible at any time and regardless of the type of divorce.
The division may be made by mutual agreement between the former spouses.
In the event of disagreement, the Family Court must be seised by assignment.. This referral requires the assistance of a lawyer.
Who shall I contact
Who shall I contact
Other divorce
The division of property resulting from a divorce may be reversed if one of the former spouses has been harmed by more than a quarter of the value of the property in the division or if property has been forgotten.
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If one of the spouses has been injured by more than 1/4 of the value of the property
If one of the former spouses has been wronged by more than a quarter of the value of the property, the division may be called into question.
In assessing whether there has been injury or not, the value of the property must be considered at the time of the division and not at the time of the proceeding.
For example, property that was assigned to one of the former spouses and was undervalued.
The former spouse who considers himself aggrieved may claim the supplement from the other and if necessary take legal action, called share complement action..
This share complement action must be brought before the family court by assignment..
It must be exercised within a maximum of 2 years from the day of sharing.
The burden of proof is on the former spouse who considers himself injured and the judge may order an expert examination to verify the reality and the amount of the injury.
Who shall I contact
If a property has been forgotten in the share
The spouses may have forgotten to include in the deed of partition property belonging to them in common.
The omission of this property may result in a further division of only this property.
Complementary sharing is possible at any time and regardless of the type of divorce, including divorces by mutual consent.
The division may be made by mutual agreement between the former spouses.
In the event of disagreement, the Family Court must be seised by assignment.. This referral requires the assistance of a lawyer.
Who shall I contact
- Civil Code: Articles 1467 to 1480Liquidation and community sharing
- Civil Code: Articles 889 to 892Action to complement share