Donations, inheritances, wills and living wills, cohabitation contracts, marriage agreements, disabilities and laws relating to future generations. As a trusted consultant and public official, the notary can help us deal with these delicate situations safely and in full legality.
“Legal community” is the matrimonial property regime under which goods acquired during the marriage are the joint property of both spouses, even if only one of them purchased the asset. Disposal of common property requires the consent of both partners.
In the absence of a different choice by the spouses, it is established by law at the time of marriage. The regime of “community” is established automatically at the time of purchase of an asset (so-called “immediate community”).
The joint estate (or legal community) may concern:
When, however, the regime of community of property only affects the assets remaining at the time of the dissolution of legal community, the term used is “de residuo community” and can include:
Then there are the personal assets that are and remain the exclusive property of each spouse, that is:
Administration of the common assets is up to the couple, who exercise it in different ways depending on the importance of the transaction.
Another important aspect concerns liability for any debts.
The common assets are directly responsible for:
The common assets are only secondarily responsible for:
Secondary liability means that creditors must be paid first of all from the personal property of their debtor spouse: but if that is insufficient, they may also lay claim to the common assets, to the amount corresponding to the balance owed by the debtor spouse.
Dissolution of the joint estate occurs for the following reasons:
Role of the Notary
Spouses, then, can move from the legal regime of community of property to that of separation of property by way of an agreement drawn up as a public document before a notary public in the presence of two witnesses; this will be noted in the margin of the marriage certificate.