I am in the process of divorcing my husband, the non-conciliation order has just been made. If I acquire a property (married in community regime), will it belong to me in its entirety?

Buying real estate during divorce proceedings is possible, but the operation is risky.


Under the old contentious divorce regime (procedures initiated before January 1, 2021, as in your case), the date of the effects of the divorce between the spouses is fixed on the date of the ONC, subject to the final pronouncement of the divorce.


Thus, in the event of the death of a spouse before this date or if the divorce is not pronounced, the property acquired by a single spouse is common.

To avoid such a situation, you can acquire a property with your own funds (acquired before marriage, or received by donation and inheritance) and have the notary indicate their origin in the deed of purchase. In the absence of equity, it may be better to postpone your acquisition project and wait for the divorce to be pronounced.