2 Is there a statutory matrimonial property regime and if so, what does it provide?
2.1. Please describe the general principles: Which goods are part of community property? Which goods are part of the separate estates of the spouses?
Where there is no marriage contract, the spouses are subject to the community of property regime: the community of acquisitions (Art. 1400-1491 CC). Assets acquired for valuable consideration after the marriage are joint. However, assets already owned by one of the spouses on the day the marriage is celebrated or acquired through gift, legacy or inheritance and assets of a "personal nature" are owned separately (Art. 1404 CC).
2.2. Are there legal assumptions concerning the attribution of property?
Spousal assets are deemed joint if it is not proven that they are owned separately (Art. 1402 CC).
2.3. Should the spouses establish an inventory of assets? If so, when and how?
Spouses are not required to draw up an inventory.
2.4. Who is in charge of the administration of the property? Who is entitled to dispose of the property? May one spouse dispose of/administer the property alone or is the consent of the other spouse necessary (e.g. in cases of disposal of the spouses’ home)? What effect does the missing consent have on the validity of a legal transaction and on opposability towards a third party?
Each spouse may administer and dispose of his or her separate property (Art. 1428 CC) and of joint property (Art. 1421 paragraph 1 CC). However, because of their seriousness, some transactions relating to joint property must be co-managed. This means that the transaction must be made by both spouses or by one of them but with the consent of the other. This requirement applies specifically to: disposals of joint property without consideration and assignments of joint property to guarantee a third-party debt (Art. 1422 CC) and disposals relating to immovables, business assets and non-negotiable corporate shares and associated rights that are jointly owned (1424 CC).
Where one or other spouse has infringed these rules the other spouse may apply to have the transaction cancelled (Art. 1427 CC).
In the event of the improper exercise of powers or unfitness on the part of one spouse, the other spouse may apply to the court to be substituted for him or her in the exercise of those powers (Art. 1426 CC).
Spouses may not separately dispose of the rights whereby the lodging of the family is ensured (Art. 215 paragraph 3 CC).
2.5. Are any legal transactions made by one spouse also binding on the other?
A spouse may administer his or her spouse's separate property where so authorised expressly (Art. 1431 CC), tacitly (Art. 1432 CC) or in a court ruling (Art. 1429 CC).
2.6. Who is liable for debts incurred during the marriage? Which property may be used by creditors to satisfy their claims?
Debts from before the marriage are charged against the separate property and income of the debtor spouse (Art. 1410 and 1411 CC). Debts contracted during a marriage may be enforced against the separate property of the debtor spouse and against common property (Art. 1413 CC).
Without the consent of the other spouse, debts arising from borrowings or sureties may be enforced only against the separate property and income of the contracting spouse and not against common property (Art. 1415 CC).
Finally, where the debt is contracted jointly and severally by the spouses, it may be enforced against all family assets (Art. 1418 CC). This is the case in particular with all debts incurred for maintaining the household or educating the children (Art. 1414 CC).
