Divorce: property division procedure
Verified 15 December 2023 - Directorate for Legal and Administrative Information (Prime Minister)
You divorce ? You must share your property. We explain the procedure sharing based on type divorce (by mutual or judicial consent).
Divorce by mutual consent
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.
Please note
the compensatory benefit, the child supportHowever, family allowances are not part of the sharing arrangements.
The spouses must obligatory agree amicable on the liquidation and division of assets. If they do not, they cannot divorce by mutual consent.
The winding-up and sharing rules depend on the matrimonial regime of the couple and the nature of assets possessed.
The lawyers of the spouses must mention in the divorce agreement by mutual consent how the liquidation the matrimonial property regime. They must show how the assets are shared (furniture, money,...).
If the spouses own property together or in division, share operations must be performed by a notary. In this case, a authentic instrument sharing is established by the notary. That act shall be annexed to the divorce agreement by mutual consent.
FYI
if the spouses do not wish to share their property, they may draw up a division agreement.
The liquidation must be carried out during the divorce by mutual consent, i.e before the divorce agreement is registered by mutual consent of the notary.
The division of movable and immovable property is subject to a registration fee or to a tax of land advertising of 1.10%.
If the lawyer is responsible for liquidating the property, his fees include his performance as regards the division of the property.
If a notary drafts the deed of division (when there is one or more immovable property), he is entitled to emoluments proportional. These emoluments are calculated on the value of the shared property after deduction of any debts.
FYI
For assets less than or equal to €5,000, the right of sharing shall be fixed at a flat rate at €125.
Judicial Divorce
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.
Please note
the compensatory benefit, the child supportHowever, family allowances are not part of the sharing arrangements.
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.
Please note
The law does not provide for a time limit for liquidating and sharing assets. The division of property can be long in case of disagreement of divorced spouses.
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.
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Divorce by Mutual Consent - Liquidation of Matrimonial Property Regime
Appointment of a notary in the context of interim measures of divorce
Jurisdiction of the JAF and application of common law sharing rules
Necessity of notarial sharing in case of real estate
Procedure in case of complex judicial division
Procedure in the event of judicial division
Proposal for a regulation of the pecuniary and property interests of spouses
Convention for the liquidation and division during a judicial divorce (article 265-2)
Preferential allocation of property (Article 267)
Property Advertising Tax
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