Can you buy real estate during divorce proceedings?

Verified 13 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)

You want to acquire a property (house, apartment...) while you are still not divorced? Purchase is always possible. But according to the matrimonial regime applicable to your marriage, you will own alone or 2 of the property purchased. We'll explain the rules. 

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Legal community (without marriage contract)

The property purchased during the divorce proceedings incorporates the common heritage, that is to say it is the property of the two spouses.

Please note

If the divorce proceedings come to an end, the agreement or the court decision shall set a date from which the spouses' property shall be shared.

This implies that property purchased after that date by one of the spouses is considered to be property of its own, that is to say property belonging to only one of the spouses.

On the other hand, a spouse can purchase real estate only with equity, that is to say, money that he held before his marriage or received by succession or donation after his marriage.

In that case, that property does not belong in the community. The buyer spouse of the property must ensure that the re-use clause be included in the notarial act of acquisition. The re-use clause is a statement in the deed that allows the spouse to indicate that he or she is using his or her own funds to purchase a new property.

Separation of property

The property purchased by only one of the spouses during the divorce proceedings belongs only to that spouse.

Universal Community

The property purchased during the divorce proceedings incorporates the common heritage, that is to say it is the property of the two spouses.

Please note

If the divorce proceedings come to an end, the agreement or the court decision shall set a date from which the spouses' property shall be shared.

This implies that property purchased after that date by one of the spouses is considered to be property of its own.

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