Patrimony and finances
Sharing property and finances in a mutual consent divorce
This page explains the general rules for liquidating the matrimonial property regime, dividing real estate and movable assets, handling shared debts, and understanding the compensatory allowance. It is independent information and does not replace personalized legal advice.
Notarial deed
Required when shared real estate is divided
Compensatory allowance
Addresses post-divorce living-standard gaps
Dividing assets
Real estate, movable assets, and shared debts
Shared property is usually handled through a notarial liquidation deed. The main options are a buyout by one spouse or a sale with the proceeds shared.
Real estate
A notary prepares the liquidation deed when shared real estate is divided. One spouse may buy out the other's share, or the property may be sold and the proceeds divided.
Movable assets
Furniture, vehicles, bank accounts, and other movable assets are listed and allocated as part of the settlement. Each item's ownership and value should be clearly recorded.
Shared debts
Loans and other debts are allocated between the spouses in the settlement. Creditors' rights to payment are a separate question and can depend on the terms of each loan.
Compensatory allowance
What it is and how it is paid
The compensatory allowance is meant to address a significant gap in living standards that the divorce creates between the spouses. Courts and spouses consider factors such as the length of the marriage, each spouse's age and health, career impact, and assets. Its amount and form are set by agreement or by the judge's assessment.
Payment may be made as a lump sum, in property, or as periodic payments over a set period. Because the calculation depends on each situation, the figures and eligibility depend on individual circumstances. A qualified professional can explain how these factors apply to your case.