Key points
- Issue: The wife was claiming reimbursement from the community of approximately €1 million in inherited funds that had been paid into her personal accounts.
- Decision: the judge refused to award these sums, as there was no evidence that the funds had been used exclusively for the benefit of the household.
- Outcome: The division of assets was approved without these claims; the husband was awarded €25,000 in compensatory allowance and was exempted from paying child maintenance.
Inheritance paid into a personal account: no deemed gift in the event of divorce
Inheritance paid into a personal account: no deemed gift in the event of divorceOn 21 June 2024, the Nanterre District Court (Case No. 23/01788) approved, in favour of the husband represented by Goldwin Avocats, a division of assets without compensation amounting to approximately €1 million. The wife was claiming a compensation payment for the inheritance in the divorce proceedings, i.e. the reimbursement due from the joint estate for funds inherited.
An inheritance of around 1.2 million euros at the heart of the division of assets
The dispute centred on approximately €1.2 million inherited by the wife during the marriage, following the administration of two family estates. Married without a prenuptial agreement for twenty-five years, the couple were subject to the regime of community of property limited to acquisitions. Under this regime, assets acquired during the marriage are held in common, but inheritances remain the separate property of each spouse.
The wife had deposited these funds into accounts held solely in her name. She argued that they had been used to finance the family’s lifestyle and claimed reimbursement of approximately 1 million euros. She also sought 500 euros per month per child for the maintenance of their two children.
The husband, represented by Goldwin Avocats, contested this claim for reimbursement. The notary appointed by the judge had drawn up two draft division plans, one including these payments and the other excluding them. The judge had to choose between the two.
Inheritance compensation in divorce: lack of evidence of benefit
The family court judge dismissed the claim for compensation for inheritance in divorce proceedings, due to a lack of evidence of benefit to the matrimonial community.Article 1433 of the Civil Code requires such reimbursement only if the matrimonial community has actually used the spouse’s separate property.
The matrimonial community is presumed to benefit from any separate funds it receives. This presumption does not apply to an account held solely in the name of one spouse (Court of Cassation, 1st Civil Chamber, 15 February 2012). We demonstrated that this was the case.
Part of the expenditure remained unexplained. The judge therefore approved the notary’s draft settlement without these payments, as permitted byArticle 267 of the Civil Code in the event of disagreement. The benefit was partial, not total.
The spouse is awarded compensatory maintenance of €25,000 ( Articles270 and 271 of the Civil Code), which compensates for their loss of standard of living. They are exempt from paying child maintenance.
How the judgement affects a spouse facing a claim for compensation
A spouse from whom the repayment of personal funds is claimed may demand proof of the benefit, item by item. A shared standard of living is not sufficient to establish this. The burden of proof lies with the claimant, not with the other spouse.
A number of checks, ranging from the simplest to the most extensive, can be carried out to challenge such a claim:
- Request statements for the accounts into which the funds were paid, covering the entire period.
- Identify any expenditure that did not benefit the household.
- Ask the solicitor for a draft division of assets, with figures, excluding the disputed compensation.
- Refer the dispute to the family court judge.
Each situation is assessed on a case-by-case basis. Are you facing a claim for a reward or compensatory payment? Contact one of our divorce solicitors to review your statements and the draft division of assets.
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Frequently asked questions about inheritance awards in divorce cases
No, under the statutory regime, an inheritance remains the separate property of the spouse who receives it and is not subject to division upon divorce.Article 1405 of the Civil Code provides that assets received by inheritance, gift or bequest are excluded from division. If the joint estate has made use of these funds, the spouse who has inherited them may claim compensation – that is, reimbursement – provided they can prove that a benefit was derived from them.
No. According to the Nanterre Civil Court, funds paid into a spouse’s personal account do not automatically imply that they form part of the joint estate. The spouse who has inherited the funds must therefore trace the precise use of the sums. Bank statements and invoices relating to joint expenditure remain the most useful forms of evidence.
Yes, the compensation is payable if the spouse proves that the inherited funds were used to finance that asset.Article 1469 of the Civil Code sets it at no less than the residual benefit, that is, the proportion of the property’s current value financed by that contribution. In the case heard in Nanterre, the sums allocated to work on a jointly owned property were, moreover, not disputed.
Jonathan BELLAICHE
