Spouses' Rights and Obligations Regarding Family Home: Lease Termination and Household Expenses Under French Civil Code
Download
Read an extract
Themes
Family home protection, Article 215 paragraph 3 Civil Code, co-management family home, lease termination, joint liability household debts, Article 220 Civil Code, Article 1751 Civil Code, rent payment, household expenses, home insurance cancellation, nullity action, marital regime dissolution, household debts liability, spouse consent, family home insurance, rent liability, airplane ticket payment, household solidarity, necessity of expense, Civil Code protection, spouse rights, family law, marital property, household financial obligations, French Civil Code, co-tenancy lease, family home rights, spouse financial liability, household debt responsibility, lease agreement termination, insurance policy cancellation, marital financial obligations, family expenses management, spouse authority, household insurance coverage, rent payment responsibility, marital regime, family home protection law, spouse financial responsibility, Civil Code article 215, Civil Code article 220, Civil Code article 1751
Reader
Abstract
Extract
of 6
Abstract
"Unlock the complexities of French family law and protect your rights as a spouse. Discover how the Civil Code safeguards the family home and understand your liabilities in case of separation or unilateral decisions. Learn about co-management of household expenses, lease agreements, and insurance policies. Get insights into recent court rulings and expert analysis on household debt, spousal responsibilities, and more. Stay informed to secure your financial future."
Extract
[...] As ordinary prudent people, the two spouses opted for the regime of separation of assets, including in their marriage contract a clause of daily contribution and non-recourse, on the good advice of their notary. Minimalists at heart, they adhere to a simple way of life, without frills, contenting themselves with the strict minimum. After their marriage, they settled in Félix's accommodation: a small wooden house located on the edge of the forest, rented for the modest sum of 600 ? [...]
[...] However, Sophie has recently made higher expenses than usual and wants to change her accommodation. Félix opposes these decisions. It is therefore necessary to focus on the purchase of the car and the trip then on the fate of the spouses' accommodation (III.). There is no need to study the contribution to the marriage expenses, as the spouses' marriage contract includes a clause of daily contribution and non-recourse. I. The purchase of the car The problem is as follows: can the seller require Félix to pay the price of the car? [...]
[...] Le paiement des loyers The problem is as follows: if Sophie leaves the family home, will she still be liable for the payment of rent? As previously seen, article 220 of the Civil Code defines household debts. According to judgment no. 96-15,829 rendered on March by the first civil chamber of the Court of Cassation, household solidarity persists until divorce or separation of bodies. In this case, the payment of rent is a household debt, as it is directly linked to the maintenance of the household and it is an essential expense. [...]
[...] In the absence of consent, the spouse who did not consent may act in nullity within a year of knowledge of the act and at the latest within a year of the dissolution of the marital regime. In this case, the couple actually lives in the rented accommodation, as the spouses reside there every day and their child also lives there. Therefore, it is the family home, which is their main residence. Sophie is considering terminating the lease. This will have the consequence of extinguishing Felix's right of enjoyment over the accommodation. Thus, termination requires his consent. [...]
[...] The joint tenancy of the lease The problem is as follows: Can Sophie end the lease on her own? Article 1751 of the Civil Code provides that spouses are joint tenants of the lease if the accommodation is actually used as the residence of both spouses at least at one point in time and is not a professional or commercial space. According to the judgment No. 04-16.920 rendered on May by the First Civil Chamber of the Court of Cassation, the joint tenancy of the lease ends only with divorce or separation of bodies. [...]
