A Spouse Owes No Compensation to the Community

This decision provides important insight into your real estate law. Here is what it changes for you.

The situation

A spouse only owes compensation to the community when a sum is taken from it or, more generally, when the spouse has derived personal profit from the community’s assets. It follows that the increase in value resulting from the work of a spouse who has carried out improvements on a property owned separately by the other spouse does not give rise to compensation in favour of the community.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Scrupulously observe the legal time limits for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation.

For an analysis of your situation: 30-min consultation at €45 with Maître Zakine.