Bankruptcy Law

Payment of debts for which each spouse is liable for whatever reason, during the community, may always be pursued against community property unless there has been fraud on the part of the debtor spouse and bad faith on the part of the creditor, except for the reward due to the community, if any . The creditors of either spouse may also seize assets that belonged to their debtor on the day of the m …

Joint marital property

Payment of debts for which each spouse is liable for whatever reason, during the community, may always be pursued against community property unless there has been fraud on the part of the debtor spouse and bad faith on the part of the creditor, except for the reward due to the community, if any . The creditors of either spouse may also seize assets that belonged to their debtor on the day of the marriage or that fell to him or her by succession or gift when they have been merged into the joint estate . Consequently, in the event of the court-supervised liquidation of one of the spouses married under the community property regime, the liquidator is authorized to sell all the joint assets, provided that the debtor's spouse has been heard beforehand or duly summoned .

Since the debtor's and spouse's rights to the community assets cannot be separated during the receivership procedure, there is no need to share the sale price of the community property . Where two court-supervised liquidation procedures are opened successively in respect of two spouses married under the regime of the community, the price of the sale of a common immovable may not be apprehended for half by the liquidator of the procedure opened second, but must be paid in full to the liquidator of the first procedure opened . The bankruptcy judge therefore exceeded his powers by authorizing, at the request of the husband's liquidator, the sale by private treaty of an immovable belonging to the conjugal community that had already been included in the assets of the wife's court-supervised liquidation, which had previously been opened .

Cass. com., 22 May 2012, LawLex202100001080JBJ (LJ).

Cass. com., 26 January 2016, LawLex202300004043JBJ (LJ).

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

Bankruptcy Law

919. Joint marital property

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

919. Joint marital property

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise