Liquidation of matrimonial property

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The liquidation of matrimonial property (in the framework of divorce) or a joint possession deals essentially with couples who own a valuable movable assets and/or real estate property.

Account operations, liquidation and sharing of a matrimonial regime (community property regime or separation of property regime) or joint possessions succumb to a purely calculable and mathematical logic where the notary plays a key role.

Despite this logic, disputes may arise during the liquidation of matrimonial property of a joint possession due to, for example, conflicting valuations of the assets or due to the inertia of your opponent (which may decrease the value of the assets in the worst case).

The payment of a compensatory allowance may impact the embraced strategy during the liquidation of matrimonial property.

In case of conflict, resorting to a lawyer is essential, especially because a notary tends to stay neutral.

Mrs. Elisabeth ROUSSET is at your disposal to attend and assist you with the notary or with legal proceedings, in order to preserve your legitimate rights in Hauts-de-Seine and all over France.

Please note that Mrs. Elisabeth ROUSSET has acquired deep knowledge in private international law and can advise you on the competent judge and the applicable law if your situation presents an international element (the citizenship of the spouses and children, the place of celebration of the marriage, the place of establishment of the family after the marriage and/or on the date where the proceeding is instituted).

Example of a liquidation of a community :

1. Fixing the vesting date of division.
= date on which the assets depending on the common ground to share, undivided for the time being, are estimated at their value in order to distribute them in the act of matrimonial law)

2. Determination of the assets of the spouses

Assets which were owned or possessed by the spouses on the day of marriage

Property received as a gift by the spouses during the marriage

Acquests made by the spouses during the marriage

Debts contracted by the spouses during the marriage

3. Determination of value transactions between spouses

At this stage, the aim is to identify and assess potential rewards, that is to say the flow of values occurring during the community between the common property and the property of each spouse.

Rewards of the husband due from or to the union

Rewards of the wife due from or to the union

4. Calculated Liquidation including the recollection of rewards if applicable.

5. Effective distribution between spouses

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