Matrimonial regime: what is the community of furniture and acquisitions?

Verified 04 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

It's a matrimonial regime. Under this scheme, the following goods are common:

  • Property acquired by one or other of the spouses since the day of marriage
  • Movable property (transferable securities for example).

The rules differ depending on whether the marriage has taken place since the 1ster February 1966 or earlier.

We are dealing here with the applicable rules since 1er February 1966.

The Community Furniture Scheme and gains applies to you if you complete the 2 following conditions :

  • You got married after January 31, 1966
  • You signed a marriage contract (before or after marriage) by choosing this plan.

The rules vary depending on whether your assets are furniture or real estate.

Movable property

Your chattels belong to all 2 of you, regardless of their date and means of acquisition.

This is the case for those you have acquired before your wedding.

It's also the case for those you have acquired by inheritance or gift (unless otherwise requested by testator or the donor).

Incomes (wages, for example) are common goods.

However, some elements constitute own property, including:

  • Personal clothing
  • Certain claims and pensions, such as maintenance or invalidity pensions
  • Compensation for bodily or non-bodily harm suffered by a spouse
  • Certain professional goods necessary for the activity of one of the spouses.

FYI  

In case of union without a marriage contract, you report automatically to the community scheme reduced to acquisitions. Movable property owned by one of you before marriage (or received by inheritance) remains his personal property.

Real Property

Real estate owned by each of you before the wedding remain the personal property of the spouse concerned.

This is also the case for real estate received by inheritance or gift during marriage (unless otherwise requested by testator or the donor).

If one of these assets is sold to buy back another asset, it remains the personal property of the spouse concerned.

Marriage shall cease in the following cases:

The property is divided according to the rules of your matrimonial regime (we speak of the liquidation of the matrimonial property regime).

A convicted spouse (as perpetrator or accomplice), for willfully giving or attempting to give death to his or her spouse, or for willfully committing violence that led to the death of his or her spouse without intent to give death, is automatically lost benefits under the matrimonial property regime.

The spouse may also be deprived of benefits under his or her matrimonial property regime if he or she has been convicted in one of the following cases:

  • Torture, barbaric acts, willful violence, rape or sexual assault of a spouse
  • False testimony against her husband in criminal proceedings
  • Willfully failing to prevent a crime or offense against the bodily integrity of a deceased spouse
  • Slander against her husband for criminal acts.

FYI  

Disqualification must be ordered by the court of law.

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