Divorce: the husband who made the biggest contribution recovers the property

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When the purchase of a property, one spouse brings more than the other spouse and the couple, the property belongs to the one who paid the most.

Married couples without a contract bought together several buildings including a mill. For the acquisition, Mrs. gave the money from the sale of a property that belonged to him alone and the remainder was financed by a loan taken out jointly with Mr.. At the time of their divorce, the former husband blamed the judges for having decided that the property thus acquired belonged solely to the woman. The Court of Appeal has indeed considered "that in application of article 1436 of the Civil Code, is a property with paid own funds whose amount is greater than the amount spent by the community to perfect the price of acquisition ".

To challenge the decision, Mr argued that the purchase price of the building amounted to 119,000 euros plus the notary fees for 12,000 euros, the borrowing costs for 700 euros, the agency commission for 6,100 euros, for a total cost of 137,700 euros. According to him, his ex-wife brought in own 61 000 euros, itself 15 200 euros and the supplement was financed by a common loan for 61 500 euros, including the allowance for early repayment of personal loan contracted for the first property of the wife for € 1,000. Believing that the community had paid more than Madame's contribution, the ex-husband therefore appealed to the Court of Cassation so that the building could be re-qualified. common good.

Well clean or common?

Seizure of the file, the Court of Cassation again turned to the ex-husband. It was of the opinion that the Court of Appeal was right in holding that under Article 1436 of the Civil Code "the contribution of the community includes only the sums used to pay part of the price and acquisition costs ". Which, according to the judges, excluded the prepayment allowance of the loan of 1,000 euros and reduced, de facto, the amount of the contribution of the community to 60,500 €.

As a result, the Court of Cassation considers that the participation of the wife's own, by means of the re-employment, being greater than the sum invested by the community, the building is a very clean of Madam.

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