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How are the spouses' assets shared after divorce?

Verified 27 November 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

The division of community property must be ordered by the judge who pronounces the divorce, whatever the matrimonial regime adopted by the spouses. The liquidation of the matrimonial regime allows the community's property to be assessed and distributed among the spouses.

An agreement between the spouses may also determine the division. In this context, the spouses may submit to the Family Court (Jaf) for approval an agreement on the settlement of the consequences of divorce and on the division of property. They can also submit a statement to the Minister that there are no properties to share. In this case, the Jaf will validate their decision.

In the absence of an agreement, the judge may appoint a notary responsible for this division to assess the community's property. The value of the property to be shared must be fixed on the day of the division. Where a property exists, one of the spouses may request that the property be allocated to him: it is a preferential allocation..

The judge may refuse and decide on applications to remain in indivision or preferential allocation.

If it makes the division unequal, the beneficiary spouse of the preferential allocation will have to pay the other one relief.. It may be decided that all the balance due shall be payable in cash or by installment.

Example :

If the woman stays in the house she may have to pay a monthly sum to her ex-husband in compensation.