What is separation of property?

What is separation of property?

"I read your article published on 8 February about the ordinary matrimonial property regime. If I've understood correctly, a marriage contract can be signed to opt for the separation as to property regime instead of the joint ownership regime.

What is the system of separation of property?

Is it true that in some cases spouses are automatically subject to this system?

Véronique, Meyrin

By marriage contract, the spouses can decide to voluntarily submit their matrimonial property regime to separation as to property. The contract may be concluded before or even after the marriage and may be amended at any time. However, it must always be drawn up in an authenticated form, which means that it must be drawn up by a notary.

Separation as to property may also result from the application of the law or a court decision. For example, in the event of bankruptcy of a spouse living under the community property regime, the couple is automatically subject to the separation as to property regime. In addition, the judge may at any time order separation as to property at the request of a spouse if there are good grounds for doing so, but also as part of measures to organise separate living during proceedings for measures to protect the marital union.

The purpose of the regime of separation as to property is to dissociate the economic interests of the spouses, since it guarantees almost total independence of the spouses. Each spouse retains full ownership, management, administration, enjoyment and disposal of his or her property. In practice, this matrimonial property regime may be of interest to spouses with comparable incomes who are financially independent. Separation as to property is a simple matrimonial property regime, with no joint estate and no division in the event of divorce. It also means that you are not jointly and severally liable for your spouse's debts, which is why it can offer protection when one of the spouses is self-employed or has a risky business. However, separation as to property is disadvantageous for those who live at home, as in the event of divorce they will not receive any of the property acquired by their spouse during the marriage.