In the event that the spouse transfers the ownership of an immovable with the intention of reducing the participation receivable

In the event that the spouse transfers the ownership of an immovable with the intention of reducing the participation receivable, is there also a need to file a lawsuit for cancellation of title?

The following are added as value to the acquired property:

  1. Unrequited gains made by one of the spouses, other than ordinary gifts, without the consent of the other spouse, within one year before the end of the property regime,
  2. Transfers made by one spouse with the intention of reducing the other spouse's participation receivables during the continuation of the property regime.

What the spouse has to prove here is malice and intent. It will not be discussed whether the transaction is invalid due to collusion.

In such a case, the version value on the date of transfer of the goods is taken as basis. (version value, not sales value)

In disputes regarding such acquisitions or transfers, the court decision may also be brought against third parties who benefit from the acquisition or transfer, provided that the case has been notified to it.

Another similar article in this regard is “lawsuit against third parties”. “During liquidation, if the assets or estates of the debtor spouse do not meet the participation receivables, the creditor spouse or heirs may request the gratuitous gains that should be taken into account in the acquired goods, limited to the missing amount from the third parties benefiting from them.”

This article does not apply to the transfers made by receiving compensation.

The right of action is terminated after one year, starting from the date on which the creditor learns that the rights of his spouse or heirs have been violated, and in any case, five years after the end of the property regime.