Home > Expert advice > Fact sheets > Buy without being divorced yet
Buy without being divorced yet
Buying and divorce
Your divorce has not yet been pronounced? You want to buy a property, and you want it to belong to you personally. But, depending on your matrimonial regime and the method of financing your acquisition, you run the risk of seeing the property enter the community.
If you are married under a regime of separation of property, the property that you buy and finance by yourself will belong to you in your own right. However, check that your marriage contract did not provide for a partnership of acquests into which the property would enter.
If you are married under a community regime and you finance the property with money that belongs to you in your own right, the property does not enter the community.
Namely : in community regime, your earnings and salaries enter the community. The same applies to income from property belonging to a single spouse.
If you are married under the regime of the community, and you finance the property with common money or a loan, the property enters the community. You will only be fixed on his fate at the time of the divorce.
In the relations between the spouses, and with regard to their property, divorce takes effect:
• when it is pronounced by mutual consent: on the date on which the agreement signed by each of the spouses is deposited in the rank of the notary's minutes, or on the date fixed by the spouses in the agreement.
• when it is pronounced judicially: on the date of the order of non-conciliation, issued by the judge. If the request is made, the judge may fix the effects of the divorce on the date on which they ceased to cohabit.
Thus, if the property is purchased before the date on which the divorce takes effect, the property will be common. If it is purchased after the date on which the divorce takes effect, it will belong only to the spouse concerned.
Note : It is useful to contact your lawyer so that he takes into account your willingness to buy and thus secures your purchase as part of the ongoing divorce proceedings .
If you are married under a regime of separation of property, the property that you buy and finance by yourself will belong to you in your own right. However, check that your marriage contract did not provide for a partnership of acquests into which the property would enter.
If you are married under a community regime and you finance the property with money that belongs to you in your own right, the property does not enter the community.
Namely : in community regime, your earnings and salaries enter the community. The same applies to income from property belonging to a single spouse.
If you are married under the regime of the community, and you finance the property with common money or a loan, the property enters the community. You will only be fixed on his fate at the time of the divorce.
In the relations between the spouses, and with regard to their property, divorce takes effect:
• when it is pronounced by mutual consent: on the date on which the agreement signed by each of the spouses is deposited in the rank of the notary's minutes, or on the date fixed by the spouses in the agreement.
• when it is pronounced judicially: on the date of the order of non-conciliation, issued by the judge. If the request is made, the judge may fix the effects of the divorce on the date on which they ceased to cohabit.
Thus, if the property is purchased before the date on which the divorce takes effect, the property will be common. If it is purchased after the date on which the divorce takes effect, it will belong only to the spouse concerned.
Note : It is useful to contact your lawyer so that he takes into account your willingness to buy and thus secures your purchase as part of the ongoing divorce proceedings .
Good to know
The purchase of property during the divorce proceedings is not a problem if the spouses are married under the regime of separation of property. As the assets are independent, one of the spouses is free to buy a property without risk.
Other fact sheets
To go further:
Our guide to frequently asked questions about real estate is here to help you see more clearly.
Quickly find an effective letter template to meet your expectations as much as possible.
