Estimated reading time (in minutes)
The Court of Cassation recently reaffirmed that a house built during a marriage on land belonging to one of the spouses remains the exclusive property of this spouse and does not become joint property. Ownership of the land takes precedence over ownership of the structure, whether it is the construction deemed appropriate or the foundation itself. Therefore, it is crucial to differentiate between separate property and marital property after marriage .
Ownership of property in a matrimonial context : land and construction: –
In one case, a married couple used marital funds to build a house on land owned by the wife. According to well-established and constant case law, when a building is erected during the marriage on land belonging directly to one of the spouses and financed by community funds, it continues to be considered as separate property. However, the spouse who benefits from this device is required to pay compensation, called “reward”, to the marital community upon dissolution of the marriage. The reward is not calculated on the value of the property itself but rather on the added value that the construction has brought. It is determined proportionally according to the extent to which Community funds have contributed to financing the construction.
Compensation for EU funds: assessment of added value: –
It is important to note that personal property refers to property belonging exclusively to one spouse, either acquired before the marriage or received by inheritance or gift during the marriage. This type of property differs from matrimonial property, called “community acquests”, which designate the property acquired by the spouses during the marriage .
This legal distinction between separate property and matrimonial property is intended to provide clarity and to ensure an equitable division of property in the event of the dissolution of the marriage. The judgment of the Court of Cassation recalls the principles governing marital property and reinforces the importance of maintaining the distinction between separate property and matrimonial property.
