A spouse’s rights and duties
No matter which matrimonial system applies to the spouses, no matter if an agreement has been signed or not, spouses are subject to various rules, which are often public policy rules.
As a legal obligation, each spouse has to contribute to their current expenses, to household maintenance, and to the education of their children, proportionally to their resources.
A legal action could be brought against the spouse who disregards this obligation and refuses to participate in these expenses.
Liability for personal debt depends on the matrimonial system that has been adopted by the spouses.
However, regardless the chosen system, each spouse is liable for all the debts contracted by either of them for the maintenance of the household and the education of the children. This rule applies even if the spouses are married under the separate estate system. The only exception is the case of an excessive expense compared to the family’s lifestyle. Spouses are jointly liable for the payment of tax.
Spouses must deal together with any transactions concerning the family home and its furniture. Therefore, even if they belong to only one of the spouses, the owner is not allowed to sell or pledge these assets without the other spouse’s consent, no matter which matrimonial system applies to the couple.
In case of a lease, the spouses are co-tenants, even if the lease is signed by one spouse only or if the lease is prior to marriage.