Are you getting a divorce? Or do you want to adjust the matrimonial property regime during the marriage? In this context, it will be necessary to look first at what all is included in the matrimonial property (also called “SJM“).
The matrimonial property regime is established by law when the marriage takes place. However, the spouses may agree on a matrimonial property regime different from the statutory regime or the court may decide on the matrimonial property regime, even during the marriage.
And what all is part of the matrimonial property subject to the statutory regime?
According to the law , everything acquired by one or both spouses jointly during the marriage is part of the community property, except:
- things serving the personal needs of one of the spouses,
- a gift or property from an inheritance if only one spouse is the donee or heir (unless the donor at the time of the gift or the testator at the time of the acquisition in case of death expressed a different intention),
- property acquired by one of the spouses as compensation for non-pecuniary damage to his or her natural rights,
- property acquired by one of the spouses through a legal transaction relating to his/her sole ownership,
- property acquired by one of the spouses as compensation for damage, destruction or loss of his/her sole property.
The community property also includes:
- salary, wages, profits or other values from work or other gainful activity. They become part of the community property when the spouse whose gainful activity is in question has acquired the ability to dispose of them;
- profit from what belongs exclusively to one spouse. Thus, if the spouse has sole ownership of the dwelling unit and rents it out, the rental benefit becomes part of the SJM;
- the spouse’s share in the company if the spouse acquired ownership of this share during the marriage. However, the other spouse does not have the right to a personal participation in the company (with the exception of housing cooperatives).
What about the debts of the spouses?
Debts incurred during the marriage are also part of the community property, except for debts that:
- relate to property belonging exclusively to one spouse to the extent that it exceeds the profit from that property;
- taken over by only one spouse without the consent of the other spouse, without the provision of the family’s daily or ordinary needs (which will be assessed on a family-by-family basis).
If you want help with divorce or the division of your matrimonial property, or its dissolution or reduction during the marriage, we are at your disposal.
If you would like more information in this regard, please do not hesitate to contact us.
This article is for informational purposes only and does not constitute legal advice or guidance for any particular case.