Financial and economic transfers between spouses and unmarried cohabitants

During their relationship, A has renovated the house of his life partner B and has paid invoices for this renovation with his savings. Most of the times, so long as the relationship remains intact, this situation does not raise any questions. However, when there is a relationship breakdown, oftentimes the ex-partners are in dispute about these financial and economic transfers. Whether or not B has to compensate A for the performed work and the payments, is uncertain.

This manuscript elaborates on this problem of compensation for financial and economic transfers between spouses and unmarried cohabitants. More precisely, it examines on which legal ground, under which conditions and for which amount compensation is due. In order to answer this research question, a legal comparison between Belgian, Dutch, French, German and Swiss law has been made.

During the research it became clear that the research hypothesis, i.e. that one and the same compensation framework could be applied to financial and economic transfers between spouses and unmarried cohabitants, irrespective of the property regime they resort to, could not be falsified. On the level of the conditions under which a compensation is due, a distinction between transfers in separation regimes on the one hand and transfers in community and participation regimes on the other hand is deemed justified, as the chosen patrimonial solidarity in the latter regimes has to be protected. Moreover, there are also differences in the recommended conditions for compensating financial transfers (e.g. payment of invoices) and economic transfers (e.g. performance of work). The conclusions of this research have resulted in some concrete guidelines for a draft legal provision, that can also serve as an inspiration for a contractual arrangement between the spouses and unmarried cohabitants themselves.