Understanding liquidation and partition after divorce
What is liquidation and division of assets?
Liquidation and partition involves determining the distribution of assets, debts and claims accumulated during the marriage. The purpose of this stage is to close the matrimonial property regime (community, separation of property, participation aux acquêts, etc.) and to allocate to each spouse what is rightfully theirs.
When does it take effect after the divorce decree?
Settlement takes place after the divorce is finalized, once the spouses have legally separated. It can be carried out amicably before a notary, or before the court in the event of disagreement.
The difference between amicable and contentious liquidation
| Criteria | Amicable liquidation | Contentious liquidation |
|---|---|---|
| Agreement between spouses | Yes | No |
| The notary’s involvement | Mandatory | Mandatory |
| Judge’s intervention | No | Yes |
| Average lead time | 3 to 6 months | 12 to 24 months |
| Estimated cost | Moderate | Higher (court costs and legal fees) |
The writ of summons
What is a writ of execution?
If the spouses are unable to reach an amicable agreement, one of them may bring the matter before the Toulon judicial court, by way of a writ of execution for liquidation and partition. This procedural act enables the judge to settle any disagreements and determine the property rights of each spouse.
Mandatory content of the summons
The summons must mention :
- Full identities of former spouses,
- The references of the divorce decree,
- A description of the assets to be shared (property, debts, accounts, etc.),
- The plaintiff’s legal claims and arguments,
- Supporting documents attached.
Deadline and filing with the court
The summons is drawn up by thelawyer, then filed and served on the other party by bailiff. It must be filed within the legal time limit to avoid any statute of limitations.
Documents and evidence to be provided
Divorce deed and divorce agreement
The divorce decree (judgment or homologated agreement) forms the legal basis of the proceedings. It identifies the applicable matrimonial property regime and the obligations of each spouse.
List of assets and receivables to be divided
With the help of a notary, the lawyer draws up a detailed list of assets:
- Real estate,
- Bank accounts and investments,
- Vehicles, furniture, valuables,
- Joint debts or credits.
Financial statements and notarized documents
The following must also be produced:
- Bank statements,
- Notarial deeds (title deeds, donations, inheritances),
- Real estate valuations or appraisals if required.
The lawyer’s role
Subpoena drafted in compliance with legal rules
TheToulon divorce lawyer ensures that the writ of summons complies with formal and legal requirements. He specifies the claims, bases the arguments on the applicable texts and ensures that the deadlines are respected.
Verification of documents and appendices
Before filing, the lawyer checks the validity and consistency of the documents submitted. He works with the liquidating notary to present a complete file.
Representation before the judge and negotiation with the other party
The lawyer represents his client at every stage of the proceedings. He defends his client’s rights, negotiates where possible and pleads before the Toulon court to obtain an equitable distribution.
The consequences of a summons
Determination of units and values allocated
The judge determines the property rights of each spouse according to the matrimonial property regime and their respective contributions.
Impact on alimony or compensatory allowance
Depending on the financial situation resulting from the division, the liquidation may influence the amount of a compensatory allowance or the continuation of alimony.
Possible appeals and disputes
If you disagree with the judgment, you can lodge an appeal within the stipulated timeframe. The lawyer will then analyze the merits of an appeal in the light of the facts in the case.
Why choose our Toulon office?
Divorce appraisal and partition liquidation
Our law firm in Toulon has been assisting clients for many years in their post-divorce liquidation and partition procedures.
Personalized, strategic support
Each case is analyzed in depth, to develop a legal strategy tailored to your financial and family interests.
Knowledge of local courts and procedures
Our experience before the Toulon judicial court enables us to provide a rigorous and effective defense, while respecting deadlines and procedural formalities.
Contact our firm to prepare your partition liquidation summons in Toulon.
FAQ – Divorce settlement summons
What is a writ of execution for partition after divorce?
This is an act by which an ex-spouse applies to the court for judicial division of the joint estate.
What documents do I need to provide for the summons?
Divorce decree, list of assets to be divided, financial documents and notarized deeds, proof of attempts to settle the division amicably
How long does a post-divorce settlement take?
Between 12 and 24 months on average, depending on the complexity of the assets and the workload of the court.
Do I need a lawyer for a summons?
Yes, you must be represented by a lawyer to draw up, file and follow up on the summons to appear in court.
Is it possible to contest a liquidation and partition writ?
Yes, the defendant may submit observations or lodge an appeal, assisted by a lawyer.
Cabinet Lacombe & Brisou – Avocats à Toulon
Family and personal law – Divorce, liquidation and division of property
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