Alice marries Bob under the community of property ("communauté de biens") regime.

Alice brings in 100k€, Bob 50k€. Or it can be a joint possessed ("indivision") 150 k€ house, 100k€ of which belongs to Alice, 50k€ to Bob. I assume it makes no difference.

They break up. Due to the community of property, they should both get 75k€. Does it have to be 50/50 in any case or is it more like a "default" split and people may share differently if they agree or if lawyers/judge say so?

Case 1 - Friendly break-up: They agree on a 100k - 50k share. Is this feasible? Or is it considered a gift ("donation") of 25k€ from Bob to Alice, and taxed as such.

Case 2 - Unfriendly break-up: Bob want 75k€ - 75k€. Alice wants to get back her 100 k€. Does it have to be 50/50, or can Alice's lawyer argue that she brought in 100 k€ and should get them back? Does it matter how long between the marriage and the break-up? I imagine a break-up after a few months could be considered bad faith from Bob, for instance.

  • You might want to add more information. For instance in France, the 50/50 is the default contract marriage when none is provided. So here we have to assume that Alice and Bob are under this default marraige contract right ? Furthermore, there is the friendly breakup and non friendly. Both of them will go through a judge for sure. As to what the judge can do when they disagrees, he obvisouly will refer the contract. The only point really left would be what they can do if they want to do something else than the contract stated.
    – Walfrat
    Mar 29, 2021 at 10:37
  • AFAIU,the default contract is "communauté d'acquêts" which means all goods acquired during the marriage are owned 50/50, but not older goods, while "communauté de biens" means everything is owned 50/50. My question is about splitting with a different ratio, either with or without common agreement.
    – user37428
    Mar 29, 2021 at 12:39
  • To make it even shorter: A and B marry under "communauté de biens" with A bringing 100 and B 0. The day after the contract is signed, they split-up. Does B get away with 50 or can things be different and how?
    – user37428
    Mar 29, 2021 at 12:41


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