Image

Settlement and division of family and estate assets

The separation of a couple and the death of a loved one give rise to processes that are similar in principle: assets must be identified, each party’s share determined, and the assets valued and divided. These processes are often technical, sometimes contentious, and their effects are felt over the long term. A rigorous approach, taken from the outset, helps to avoid protracted disputes and preventable financial losses.

Questions clients ask
How will the assets be divided? What will happen to the family home? How do we value an asset we do not wish to sell? Can I contest a will or a gift that is unfair to me? How can I exit a joint ownership arrangement when the other co-owners refuse to sell? What should I do if an heir has concealed assets?

What this area covers
The firm handles all asset-related matters connected with the separation of couples and the transfer of assets upon death:

  • settlement of matrimonial property regimes: statutory community of property, separation of property, share in acquired property, etc.
  • settlement of the property interests of civil partners and cohabiting partners;
  • claims between spouses, civil partners or cohabiting partners;
  • joint ownership arising from the dissolution of a community of property or following inheritance: management, withdrawal, compulsory sale, partition;
  • judicial and amicable partitions;
  • inheritance: election of inheritance, restitution, reduction, calculation of entitlement, concealment of inheritance assets;
  • wills (contestation).

Liquidation and division proceedings require an approach combining legal rigour, accounting precision and forward planning. Where possible, the firm favours an amicable resolution, which helps to preserve family relationships and keep the overall cost of the proceedings under control. Where an amicable division is not successful — or cannot be envisaged — the firm handles the judicial division with the technical expertise that such cases require. The firm pays particular attention to coordination with the notary, whose involvement is central in these matters, and with experts (court-appointed experts, chartered accountants, tax specialists) where the complexity of the estate so warrants.