How are matrimonial assets be liquidated in case of divorce?
Published on :
19/05/2025
19
May
May
05
2025
Unlike many common law countries, property purchased after marriage with funds belonging exclusively to one spouse will remain the separate property of this spouse. Typically, the spouse acquired such funds prior to marriage or after the marriage trough heritage or gift.
Example:
When Edward and Jillian decided to move to Montpellier, a villa was purchased in the suburb. It was bought exclusively with money that Edward had inherited from his deceased mother. The property is worth 400.000 €.
Under French law, the villa belongs exclusively to Edward because it was bought with his money alone.
In case of divorce, Jillian’s contributions to their matrimonial life are irrelevant and the villa will remain Edward’s property. She will be entitled to no other compensation for participation to day-to-day marital life.
She might be able to obtain some compensation for improvements she personally made to Edward’s property, but she will have to prove she did it with her own money through bills and bank statements.
In England, the outcome could be quite different. Her non-financial contributions (homemaking, parenting) might be considered as equivalent to financial contributions and considered when sharing assets. For instance, the villa in our example could even be transferred to Jillian as compensation.
As an English speaking divorce lawyer in the South of France, Gregory HANSON help individuals coming across similar issues.
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Unlike many common law countries, property purchased after marriage with funds belonging exclusively to one spouse will remain the separate property of this spouse. Typically, t...