Divorce: property division procedure

To share, you have to make the liquidation, i.e quantify the assets (including debts) of the spouses to determine the share value to go back to each one of them.

According to this calculation, a value sharing must be done. This sharing is a global operation that covers the entire assets of the spouses (movable property, immovable property, money, etc.).

If it is not possible to divide the assets into two lots of equal value, the former spouse who receives more assets must financially compensate the former spouse who receives the least.

The spouses must try to get along on the liquidation and division of assets.

The sharing rules depend on their matrimonial regime and the nature of assets.

If they only have movable property, they may at any time carry out the division of their property without any specific formalities. However, a legal professional (lawyer, notary) can help them with the operation.

If the spouses own property together or in division, the sharing operations must be carried out by a notary.

If they can't agree, one of the spouses must refer the matter to the Family Court (Jaf) by subpoena. The lawyer is obligatory for the whole procedure.

During divorce proceedings

The spouses are obligated upon the commencement of the divorce proceedings of propose a settlement of their pecuniary and property interests.

The judge may, at the preliminary hearing on interim measures, appoint a notary to draw up a plan for the liquidation of the matrimonial property regime and the formation of the lots to be shared.

Where there is real estate, one of the spouses may request that the property be allocated to him: preferential allocation.

The judge may:

• Certify the agreement of the spouses on the division of the property or the project established by the notary
• Resolve persistent disagreements between spouses by ordering the division or appointing a notary. It may also decide to sell by licitation (auction).

After divorce

If the spouses do not failed to liquidate and share they can do it amicably after divorce.

If the spouses own real estate, they have to go to a notary.

If the spouses can't agree, amicable sharing becomes judicial. They must re-grasp the Jaf by subpoena. The lawyer is obligatory for the whole procedure.

The Jaf is responsible for the liquidation and division of assets. If the property situation is complex or the conflict persists, the judge may appoint a notary, a judge to oversee the transactions or an expert.

After his appointment and within one year, the notary shall draw up a statement of settlement which establishes the accounts between spouses and divides 2 lots to be allocated.

After the work of the notary and in case of persistent disagreements between the former spouses, it is the jaf that finally decides. He can either approve the liquidation statement or refer the parties to the notary to draft the act of sharing. Sometimes a sale by licitation (at auction) is required.

Spouses may liquidate their matrimonial property regime and share their property at any time.

They can do it amicably, before divorce is pronounced. In this case, their assets are shared at the time of certification by the judge.

Ex-spouses may also share their property after divorce, amicably or through litigation, in the event of disagreement.

The division of movable and immovable property is subject to a registration fee or to a tax of land advertising of 1.10%.

A lawyer who intervenes in the sharing proceedings shall be entitled to fees.

Of notary's fee are also to be paid by the former spouses if this professional intervened in the sharing operations. In particular, he is entitled to emoluments calculated on the value of the shared property after deduction of any debts.