The end of a shared life or the settlement of the estate of married persons requires the matrimonial property regime to be liquidated. It is also necessary to establish the accounts, take financing, debts and claims into consideration and ultimately determine each party's respective rights.
LEGALCY AVOCATS CONSEILS handles liquidation and partition proceedings, particularly following a divorce, the dissolution of a PACS, separation of unmarried cohabitants or as part of an estate.
LEGALCY AVOCATS CONSEILS handles liquidation and partition proceedings, particularly following a divorce, the dissolution of a PACS, separation of unmarried cohabitants or as part of an estate.
Liquidation of the matrimonial property regime
Liquidation of a matrimonial property regime begins by determining the composition of the assets (assets and liabilities).This work includes identifying separate property, community property and debts (under a community property regime), as well as each spouse's personal assets and debts (under a separation of property regime).
Please note: under a community property regime, separate property generally includes assets acquired before marriage or received by inheritance or gift, while assets acquired for consideration during the marriage are in principle community property. Under a separation of property regime, each spouse retains their personal assets, while certain assets may be held in joint ownership.
Under community property regimes, the issue of reimbursements owed by or to the community and any claims between spouses may be central.
Thus, when the community finances separate property (or work carried out on it), a reimbursement may be owed to the community; conversely, when a spouse uses their separate funds to finance an expense falling to the community, the spouse may be entitled to reimbursement. If one spouse's separate funds finance the other spouse's separate property, a claim between spouses may arise.
Under a separation of property regime, it is also possible and common to identify claims between spouses, particularly where there have been financial flows between their personal assets.
The aim is to determine each person's rights and enable a partition that is as precise as possible.
Liquidation of a PACS or unmarried cohabitation
The dissolution of a PACS or the end of unmarried cohabitation may also require complex liquidation proceedings.The first step is to identify the applicable legal regime and ownership of assets acquired together.
Claims between partners or cohabitants, personal financing (capital contributions), loan instalments paid by one of the two and expenses incurred for jointly owned property give rise to accounting between the parties.
Proof of the respective contributions and financing may be decisive.
Where the property is jointly owned, it is also necessary to distinguish claims against the joint ownership from amounts owed by the joint ownership and to consider the conditions for maintaining, partitioning or exiting the joint ownership.
Particular attention must be paid to limitation periods for claims: between unmarried cohabitants, civil claims are in principle subject to a five-year limitation period, with no suspension linked to the duration of the cohabitation. Conversely, limitation is suspended between PACS partners for the duration of the PACS.
Liquidation and partition of an estate
In a contentious estate, the difficulty may focus on the liquidation and partition proceedings.It is necessary to identify the assets and liabilities to be taken into account, value the assets and establish the accounts between co-heirs.
Claims held against the estate or owed to it, advances, financing and expenses incurred by the heirs may need to be included in the proceedings.
Gifts and issues relating to bringing gifts into account may also affect each person's rights.
The firm assists with negotiations and, where disagreement persists, proceedings relating to liquidation difficulties and partition.
Partition after divorce, separation, dissolution of a PACS or inheritance
Partition may become blocked when the parties agree neither on the value of the assets, nor on their allocation, nor on the accounts between them.The sale of an asset and distribution of the proceeds, or the buyout of a co-owner's rights, may then be considered.
The firm also handles claims between former spouses, former partners, cohabitants or co-heirs, as well as expenses relating to the financing and preservation of jointly owned assets.
When discussions fail, various proceedings may make it possible to unblock the partition or obtain an advance on a co-owner's share.
LIQUIDATION AND PARTITION FAQ
How does liquidation of the matrimonial property regime work after a divorce?
Liquidation consists of identifying the assets, debts, claims and any reimbursements in order to determine each person's rights before partition.
What can I do if my former spouse refuses to sign the partition agreement?
When discussions fail, court proceedings may make it possible to unblock the liquidation and partition process.
Can I consult a lawyer in Angoulême for a contentious estate liquidation?
Yes. The firm handles liquidation difficulties relating to estates, inherited joint ownership and disputes between heirs throughout France, as well as in the French overseas territories.