If a family member donates a portion of land to you, do you keep it or share it with your ex-spouse after divorce? [2025 SCJ 509]
Land acquired by donation from family prior to marriage is a ‘bien propre’ and belongs exclusively to you.
During the marriage, under the legal community of goods regime, this is how the Supreme Court established ownership in the present matter:
(1) The court initially ascertained that it was indeed a donation, not a sale.
The nature of transaction is an important consideration as the purchase of land during marriage is treated differently.
(2) Then, the court analysed the intention of the person who made the donation.
Usually, when a spouse acquires land through donation, it is considered a ‘bien propre’ and does not form part of the legal community that exists during marriage. However,
– if the donation was made solely to one spouse, it belongs to that spouse only and he/she retains full ownership after the divorce.
– If the donation was intended to benefit both spouses, it becomes joint property and must be divided between them upon divorce.
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