Can you buy real estate during divorce proceedings?

Verified 08 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)

If you want to acquire a property (house, apartment...) while you are still not divorced, know that the purchase is always possible. But according to the matrimonial regime applicable to your marriage, you will own alone or 2 of the property purchased. We'll explain the rules.

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Legal community (without marriage contract)

The real estate purchased during divorce proceedings integrates the common heritage, i.e. it is the community property (therefore the property of the two spouses).

On the other hand, a spouse can only purchase a property with own funds. These funds are the money that the husband held before her marriage or the money he has received by inheritance or gift. In this case, the property does not incorporate the heritage of the community. The buyer spouse of the property must ensure that the re-use clause is included in the notarial act of acquisition.

The re-use clause is a statement in the act that allows the spouse to indicate that he or she is using his or her own funds to purchase a new property.

FYI  

If the divorce proceedings come to an end, the agreement or court decision shall a date from which the spouses' property is no longer common property. This implies that a property purchased after that date by one of the spouses may ultimately be a property in its own name.

Separation of property

The property purchased by one of the spouses during divorce proceedings belongs to only to this husband.

Universal Community

The property purchased during divorce proceedings integrates the common heritage, i.e. it is the community property (therefore the property of the two spouses).

FYI  

If the divorce proceedings come to an end, the agreement or the court decision shall set a date from which the spouses' property is no longer common property. This implies that a property purchased after that date by one of the spouses may ultimately be a property in its own name.

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