the net value of property that is included in the familypatrimony and that belonged to one of the spouses at the time of the marriage or civil union, as well as a portion of the appreciation in value of the property during the marriage or civil union.
When property has been removed from the familypatrimony, without being replaced, in the year preceding the date of the spouse’s death or the date of filing of an application for divorce, separation, annulment or dissolution, the court may order compensation to be paid to the spouse who is disadvantaged by its removal.
In the event of a second partition of the familypatrimony, the date on which the spouses began to live together again replaces the date of marriage or civil union for the purpose of applying the partition rules.
Marriage entails the establishment of a familypatrimony consisting of certain property of the spouses regardless of which of them holds a right of ownership in that property.
The court may, however, upon the application of one or the other of the spouses or of their successors, decide that the net value of the familypatrimony will be established according to the value of such property and such debts on the date when the spouses ceased living together.
Reinvestment during the marriage of property included in the familypatrimony that was owned at the time of the marriage gives rise to the same deductions, adapted as required.
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