She alone finances the enlargement of the house: will she be able to recover her put in the event of a divorce?

Married under the regime of separation of property, with acquisition company for the main residence, Béatrice will she be able, in the event of separation, to be returned the sum that she alone has invested in the enlargement of the property? The response of Nathalie Couzigou-Suhas, notary, in the major real estate meeting (Capital/Radio Immo).

Capital video: I am married but I will be alone to finance the enlargement of the house. How to “recover” this amount in the event of separation?

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Does Béatrice think of leaving her husband or is she only provident? In any case, a question of this resident of Fontenay-sous-Bois (Val-de-Marne), which poses it in the program Le Grand Rendez-vous de l’Emal estate (Capital/Radio Immo): “I am married under the regime of separation of property With Acquest company, the object of which is our main residence. Me alone finances its enlargement. How to recover this sum in case of separation with my husband? Should I create a Real estate civil society With our children to finance this extension of the house? ”

First, what is a Acquid company ? “The spouses establish a hybrid marriage contract, within which everyone is free to do what they want with their own property but which has a community bubble, for example for the main residence purchased for two or for attached accounts”explains Nathalie Couzigou-Suhas, notary in Paris. Then, what should Beatrice do to be sure of “recovering” the money that she alone has invested in the enlargement of the house?

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It all depends on the financing of extension work

Maître Couzigou-Suhas distinguishes two cases. In the first, Béatrice reimburses each month, by means of her salary, a loan contracted to finance the extension of the property. “According to a case law from the Court of Cassation, the fact of reimbursing in the month a loan dedicated to the main residence constitutes a Contribution to marriage charges. In the event of separation of the couple, there will therefore be no compensation ” Particular for Béatrice, under her investment in the enlargement of the house, according to the notary.

In the second case, the sum invested by Béatrice in the extension of the main residence comes from a capital she had before her marriage or which was given to her. “There, she can recover it in the event of separation because the law provides a compensation system called “rewards”»»indicates Nathalie Couzigou-Suhas. Concretely, it will be necessary to sell the main residence and assess the contribution of the enlargement work to the added value of the house, in order to return it to Béatrice. Not easy because, “When you separate, you often compete in the capital gain, the one who financed the work claiming that it amounts to 25% and the other assuring that it does not exceed 10% …”warns Maître Couzigou-Suhas.

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