Spousal Consent Not Required for Sale of Non-Marital Home
France (FR)
Synthèse Legislator
Généré par l'IAA lower court incorrectly held that a contract for the sale of a house, signed by a married woman without the consent of her husband, was absolutely null under a specific article of the Civil Code, as the transaction did not constitute an act of alienation requiring spousal authorization; the Court of Cassation quashed the decision, reasoning that the requirement for spousal consent under that article applies only to acts of disposal or administration that could encumber the marital home or its furnishings, and the sale of a house not designated as the family residence does not fall within this restrictive scope.
Regeste Legislator
Généré par l'IASpousal Consent Not Required for Sale of Non-Marital Home: A lower court incorrectly held that a contract for the sale of a house, signed by a married woman without the consent of her husband, was absolutely null under a specific article of the Civil Code, as the transaction did not constitute an act of alienation requiring spousal authorization; the Court of Cassation quashed the decision, reasoning that the requirement for spousal consent under that article applies only to acts of disposal or administration that could encumber the marital home or its furnishings, and the sale of a house not designated as the family residence does not fall within this restrictive scope.