The deed of liquidation is concluded, as the case may be:
- Between former spouses (after divorce)
- Between spouses (that change their matrimonial regime)
- Between the surviving spouses and the heir or between the heirs of the two spouses (at the debate of the successional procedure)
The liquidation is performed through a liquidation deed concluded in an authentic form or, in case of disagreement, through court judgment.
The matrimonial regime can be liquidated totally or partially. Until the completion of liquidation, the community shall subsist concerning the goods, but also the obligations that had not been liquidated (article 355 paragraph 2). If former spouses fail to declare goods/obligations when concluding the liquidation, they may conclude later on a supplement of the liquidation deed, by including the omitted goods/obligations. In this case, they won’t be able to modify the contribution quota set through the initial liquidation deed.
In the deed of liquidation of community, the first operation will be to determine the share devolving to each spouse/ former spouse based on his contributions when acquiring common goods and when fulfilling obligations. Then the partition of goods and the debt regularization will be performed.
In case of death of one of the spouses the liquidation of the matrimonial regime is made by the surviving spouse and the successors of the deceased spouse or, in case of co-deceased or simultaneously deceased spouses, by the heirs of the two spouses, through the same deed.
The deed of liquidation is mandatory concluded by all the legal and/or testamentary heirs. They can be represented, when concluding the liquidation deed, by a representative with a special authentic given for the debate of succession.
The deed of liquidation shall be necessarily concluded when one spouse comes to inheritance alone. All the matrimonial regimes are liquidated when they are terminated.
The liquidation deed is drawn up even if the spouses haven’t been acquiring common goods during the marriage, and the deceased spouse had only own goods/ debts (regardless of whether they were acquired / contracted before or during marriage).
In case of successive successional procedure, if all the deceased were married, separate liquidation deeds will be authenticated. The liquidation deeds will be signed by the heirs of each deceased.
