Contribution to Marriage Expenses vs Capital Contribution

Extract

[...] In fact, the costs of acquiring the home fall into the category of marriage expenses, but the capital contribution cannot refer to the daily expenses of the household - Although logical, the consequences and stakes of the decision are important: securing contracts, protecting spouses, and economic/financial stakes - the goal is therefore to have clear texts and jurisprudence - the court of cassation is in its role of interpreting and applying the law to concrete cases A cassation solution in line with previous jurisprudence - Before 2019, according to the court of cassation, there was no need to make a distinction between the financing modalities when the expense fell into the category of marriage expenses - This solution comes as no surprise and fits into the continuity of the landmark ruling dated October made by the same chamber (18-20.828): "Unless contrary to the marriage contract, the capital contribution originating from the sale of personal assets, made by a spouse separated from property to finance their spouse's share at the time of acquiring an undivided property used for family use, does not participate in the execution of their obligation to contribute to the expenses of the marriage. - This solution deserves to be perpetuated. [...]

[...] Indeed, according to the judges, the property acquired by the spouses for the family home was financed in part by a contribution from the wife. She deduces from this that these contributions/payments, during the duration of the marriage contract, fall under and result from the obligation of the spouses to contribute to the expenses of the marriage. She also considers that the marriage contract contains a clause presuming payment of the marriage expenses whereby the spouses mutually prohibit each other from proving that the other has not fulfilled their obligation. [...]

[...] They acquired a dwelling, an undivided property, serving for family use. The said dwelling was financed partly by a personal contribution of the wife. A judgment pronounced the divorce of the spouses married under the regime of separation of property. Difficulties arose during the settlement of the matrimonial assets of the spouses. The wife notably states a claim in respect of the acquisition of the immovable property. [...]

[...] The plaintiff invokes, in support of her appeal, that only the repayment by one of the spouses, married under the regime of separation of property, of the loan instalments, to the exclusion of a personal capital contribution to finance the acquisition in indivision of the family home, is capable of participating in the execution of her contribution to the common expenses of the conjugal life or the marriage. The question that arises in this case is the following: Does the capital contribution of personal funds by one of the spouses to finance the acquisition of an indivisible property used for family use fall under the obligation to contribute to the expenses of the marriage? The first civil chamber of the Court of Cassation replied in the negative to the article 214 of the Civil Code. [...]

[...] Court of Cassation, Civil Chamber March 2021, No. 19-21.463 - Does the contribution of personal funds by one of the spouses to finance the acquisition of an undivided property used for family use fall under the obligation to contribute to the charges of the marriage? FAMILY LAW - Comment on a judgment - Court of Cassation, Civil Chamber March 2021, No. 19-21.463, Published in the bulletin The judgment of cassation published in the Bulletin rendered by the Civil Chamber 1 on 17 March 2021 deals with the settlement of the matrimonial assets following the pronouncement of a divorce after a marriage under the regime of separation of property between two spouses. [...]