Value adjustment in parental union sharing - ScriptaLegal | ScriptaLegal
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Frequently asked questions > Marriage > Parental union > Can the value of assets owned prior to the beginning of the union be modified when dividing the patrimony of the parental union?

Can the value of assets owned prior to the beginning of the union be modified when dividing the patrimony of the parental union?

Yes. At the time of division, the net value of the parental union patrimony is also deducted from that of the contribution made by one of the spouses to acquire or improve an asset in this patrimony while it was part of it. This deduction also includes any capital gains acquired since the contribution, in the same proportion as that which existed, at the time of the contribution, between the value of the contribution and the gross value of the property.

This adjustment applies when the contribution was made from the following assets:

  • Assets accumulated prior to the creation of the parental union patrimony that are not part of the patrimony.
  • Assets of a minor spouse accumulated before the age of majority that are not part of the parental union patrimony.
  • Assets acquired by succession or gift before or during the union.

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