Share inheritance during the divorce

Division of the inheritance:

The spouses who want to divorce must present a project of division of the inheritance in the course of procedure. This project can be written by lawyer if there is no real inheritance.
If there exist goods subjected to land publicity (apartment, house), the spouses will call upon a notary, who will intervene obligatorily, in the event of divorce on joint request.

The spouses must get along

In the other forms of divorce; the spouses must get along on the payment of their matrimonial mode and on the amount of the compensatory service. Here still, the presence of a notary is obligatory if there is a real estate.

The influence of the matrimonial modes

Once all these elements put flat, the division is carried out. This one follows the rules of the matrimonial mode adopted at the time of the marriage. There are three principal: legal community (chosen by more than 80% of the couples), the separation of goods and the participation in the acquisitions.

- In the case of the legal community, each one keeps in personal goods those of which he was owner before the marriage. On the other hand, those which were acquired during the union are regarded as common runs, even if only one of joint bought them. There exists an exception.
The goods received in donation or succession, even during the marriage, remain personal, whatever their nature. It can be a question as well of an amount of money given by the parents as of a ring bequeathed by a grandmother.
“At the time of the divorce, one distinguishes, in mode of community, the personal goods of the community properties. Only the community properties are to be divided”, details to Me Jacques Combret, notary in Rodez.

- Those which chose the separation of goods proceed differently. Under this contract, that which only acquires something keeps it in personal good and will preserve it the day of the divorce.
The couple also could buy together a car or pieces of furniture in joint possession or paying it in proportion to the means. At the time of the division, one can, for example, to repurchase the share of the other.

- The third mode, the participation in the acquisitions, is used very little. At the time of the liquidation of the mode, one follows the logic of the Community mode, i.e. a distinction is made between the personal goods and the community properties. Only the latter are shared.

How to get help?

Many associations offer information, documentation and advice… They can be associations the old ones divorced, like Divorcés France.

Certain bars propose consultations at reduced price; inform you at the TGI of your residence.

Division of property of the Community
Each spouse is entitled to half of any property acquired during the marriage.
“The separate property” includes typically:

• Property or companies had before the marriage or the life together
• Gifts and transmissions of family which “were not mixed” with capital of the community (such as a common bank account)
• Amount of pension of one or the other unites which invested before the marriage

Equitable distribution

“Equitable” necessarily does not mean “equal,” but what is right with the two joint ones.
While deciding what is “equitable”, a court will generally hold account:

• The length of the marriage
• History and work prospects of the partners
• The physical and mental health of each spouse
• The source of the particular capital
• Expenditure of the children

Inventory of property

It is very important to give to your lawyer a complete listing of all the property belonging to all two you and your spouse. He is essential not to hide the capital, because something left out of the payment of property will have to be treated later.
Many lawyers make design checklists of property to pulsate your memory concerning the property which you could have forgotten approximately.
Sometimes the capital which populates forgets to enumerate include:

• Pension and accounts of retirement
• Stocks and bonds
• Banking extracts
• Accounts of money market
• Articles of your compartment of safe

Evaluate capital

When you and your spouse cannot agree on the value of part of property, it can be necessary to have a professional appraiser that a broker in real estate which puts a value on the property for you. Provide to your lawyer any information which you have concerning the value of the property, including evaluations and former evaluations of the tax collectors of tax and so on.
Many divorcing couples make the error of fixing on only one part of the personal property, such as an art craft or another thing of sentimental value, and to spend much time on the value of the object while discussing about which will have. It is worth to almost always better compromise between the two of you as for the way of dividing your personal possessions of household, unless your lawyer finds a certain reason to imply himself.

Considerations of taxes

Consult a fiscal lawyer or a certified public accountant concerning all the consequences possible of taxes to be held, to transfer or sell the property as an element of the process of divorce.

Agreements of payment of property

If you and your spouse can agree on the way in which to divide your capital, your lawyers will prepare a formal agreement called “an agreement of payment of property” or “agreement of separation.” Detailed lists from which obtains what will be included in this agreement.
To carefully see the agreement of payment of property, and to question your lawyer about something which you do not include/understand. Once you signed the agreement and it was approved by the court, it will be difficult and expensive to change.

To do one followed after the divorce

As soon as the rule of property is adopted, take care of the details of the transfer of property:

• To obtain the signature of your ex-united on all the contracts, transfers of actions or forms of bank account which will be necessary to transfer the property in your name
• To carry out all the payments necessary to achieve at your end of the arrangement of division of property
• To begin the process of refinancing of the property if it is part of your agreement

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