•The mass of the common property consists of “acquisitions” that is the whole of the property either movable or immovable acquired as from the date of the marriage by either of the spouses and which the law does not expressly consider as personal property. (It consists mainly of property purchased with money derived from the incomes or salaries of the spouses).
•Personal property includes immovable property which belonged to either of the spouses prior to the marriage or which accrued to that spouse by succession or donation after the date of the marriage. It will remain the exclusive property of the spouse to whom it belonged or to whom it accrued by way of inheritance or donation.
(b) Under the system of the legal community of goods the administration of personal property differs from the administration of common property, that is:-
- each spouse has the usufruct and free disposition of his/her personal property.
- each spouse has the power to administer the common property which has been obtained from his /her work. For example, the wife freely administers her common property which is derived from her gains emoluments and profits whereas the husband administers all the other common property.
2. The legal system of separation of goods and property
To be governed by this system the spouses must clearly express their wish accordingly on the celebration of their marriage.
Under this system of separation of goods the husband or the wife retains the ownership of the property which he or she possessed prior to the marriage and those acquired during the marriage. Either spouse may administer such property and dispose of it freely without the intervention of the other spouse as if he/she were not married.
In the event of a divorce or legal separation, either spouse takes back his personal property. If the marriage is dissolved by death the property of the deceased spouse accrues to his heirs. There is no partition of property.
3. The marriage settlement embodied in a notorial deed
Prior to their marriage the future spouses may have a marriage contract drawn up by a Notary Public establishing the matrimonial system by which they wish to be governed (community of property limited to the “acquisitions”, a general community of property, separation of property ,ect….) and containing all stipulations considered desirable.
The future spouses are at liberty to choose an adequate matrimonial system that safeguards their respective rights provided there is no incompatibility with public order and morality.
It is obvious that because of the contractual liberty given to the spouses and the wide range of marriage systems available to them it is not possible for the Government to advise citizens beforehand as regards the hypothetical contents of such system.
The future spouses who wish to choose a system enshrined in a marriage contract should therefore seek information about the possibilities offered to them.