Modification and Liquidation of the Matrimonial Property Regime

The matrimonial regime determines the administration and division of property between spouses during the marriage and in the event of divorce or death. There are several matrimonial regimes, each with specific implications for couples. The spouses may decide to change their matrimonial regime during the marriage or face the liquidation of their regime at the end of their union.

Matrimonial Regimes 

The choice of matrimonial regime is a crucial step during marriage. It determines the way in which the spouses’ property is administered, acquired and divided. There are several types of matrimonial regimes.

In Spain, for example, the legislation envisages community of property, separation of property or the participation regime.

However, in France, there is the regime of community of acquired property, the regime of separation of property, the regime of participation in acquests, and the regime of universal community of property.

Change of Matrimonial Regime

Married couples may, under certain conditions, decide to change their matrimonial regime during the marriage according to their current or future situation. This is the case, for example, when a child is born, or when a large estate is acquired, or when adopting a matrimonial regime to better protect the spouse.

Several measures are necessary in the process of modifying the matrimonial regime. First of all, the agreement of the spouses. Second, the granting of a public deed of marriage contracts and, in some cases, judicial approval.

Liquidation of Matrimonial Regime

The liquidation of the matrimonial regime takes place at the end of the marriage, by divorce or by death. It consists of valuing and distributing the spouses’ assets according to the chosen matrimonial regime.

Firstly, it is a question of valuing the assets, by distinguishing between personal and common assets. It is also necessary to identify the debts incurred during the marriage, which must be divided between the spouses. For example, in the community property regime, debts are divided, while in separation of property they remain the responsibility of the person who incurred them.

The next step is to divide the property. This can be done through an amicable settlement or via legal proceedings.

The role of the lawyer in the liquidation and change of the matrimonial regime

The liquidation or modification of the matrimonial regime requires special attention in order to protect the interests of the spouses and their families. A lawyer will be able to inform you of the rights and obligations specific to your situation, and assist you in the event of joint representation, negotiation or litigation. BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.