Bankruptcy Law

Under Article L. 624-5 of the Commercial Code , the spouse of a debtor subject to a receivership procedure must establish the extent of his or her personal assets in accordance with the rules governing matrimonial property regimes and under the conditions set out in Articles L. 624-9 and L. 624-10, which deal with claims and restitutions. Repossessions made pursuant to this text are exercised only …

Spouse's patrimonial rights

Under Article L. 624-5 of the Commercial Code , the spouse of a debtor subject to a receivership procedure must establish the extent of his or her personal assets in accordance with the rules governing matrimonial property regimes and under the conditions set out in Articles L. 624-9 and L. 624-10, which deal with claims and restitutions. Repossessions made pursuant to this text are exercised only to the extent of the debts and mortgages with which these assets are legally encumbered .

Article L. 624-8  emphasizes that the debtor's spouse who, at the time of the marriage, in the year of the marriage or in the following year, was a farmer or exercised a commercial or craft activity or any other independent professional activity, may not bring any action in the receivership procedure on the basis of benefits granted by one of the spouses to the other, in the marriage contract or during the marriage. Nor may creditors take advantage of benefits granted by one spouse to the other.

The payment of debts for which each spouse is liable, for whatever reason, during the community, may always be pursued against common property in application of Article 1413 of the Civil Code, unless there has been fraud on the part of the debtor spouse and bad faith on the part of the creditor, except for any rewards due to the community. The wages of a spouse married under community regime constitute joint property subject to seizure for the benefit of the creditors of the spouse placed under insolvency procedure, which may not be seized for the duration of the procedure for the benefit of a creditor of the spouse in bonis . Nor may they be used to settle a claim that arose prior to the opening judgment . The debtor's debts may be paid by selling joint assets. The sale by mutual agreement of the joint assets of spouses married under the legal community regime and each placed in an insolvency procedure, by successive decisions, may only be authorized by the bankruptcy judge of the first procedure opened .

In accordance with Article R. 631-30 of the Commercial Code, “[t]he debtor's spouse must be heard or duly summoned before any decision ordering or authorizing the sale of community property”. The text adds that, if the dissolution of the community between the debtor and his spouse becomes enforceable against third parties during the procedure, the spouse must be heard or duly summoned before any decision ordering or authorizing the sale of the joint estate. However, the divorce of spouses married under the community regime, where it is not recorded in the civil status certificates until after the opening of the insolvency procedure, can only be relied upon as against third parties, with regard to the property of the spouses, from that date, so that a common asset, which entered into the common pledge of creditors before becoming undivided, can be realized by the legal representative .

Lastly, in accordance with Article 1443 of the Civil Code, if it appears that the interests of the other spouse are jeopardized by the disorderly conduct of one spouse's affairs, or by his or her maladministration or misconduct, the other spouse may apply to the courts for separation as to property. While one spouse's insolvency cannot prevent the other spouse's application for separation as to property, it does not in itself establish that the other spouse's interests are jeopardized .

Applicable to the receivership procedure by reference from art. L. 631-18.

C. com., art. L. 624-7, applicable by reference from art. L. 631-18.

Applicable on reference from art. L. 631-18.

Cass. com., 16 November 2010, LawLex202100002137JBJ (LJ).

Cass. 1re civ., 10 May 2006, LawLex202100001625JBJ (LJ).

Cass. com., 16 March 2010, LawLex202100002110JBJ (LJ).

Cass. com., 27 September 2016, LawLex202100001485JBJ (LJ).

Cass. 1re civ., 19 October 2004, LawLex202100001621JBJ (LJ).

Bankruptcy Law

507. Spouse's patrimonial rights

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Les notions juridiques connexes

507. Spouse's patrimonial rights

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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