Article 256. Common property of spouses

1. Property acquired by spouses during marriage shall be their joint property unless the marriage contract between them establishes a different regime for such property. from the spouses before marriage and from one of the spouses received during marriage as a gift or as a result of inheritance, are their property. However, the property of the spouse who has used it is recognized as the property of the spouse, with the exception of jewelry and other luxury goods, although acquired during the marriage from the common funds of the spouses. The property of each of the spouses may be recognized by the court as their joint property if it is established that during the marriage, the property of the spouses or the personal property of the other spouse is at the expense of the spouses ' common property. a Investments have been made that significantly increase the value of these assets (capital repairs, renovations, alterations, etc.). The exclusive right to the result of intellectual activity, which belongs to the author of the result (art. 1228), is not, however, part of the common property of the spouses. The income derived from the use of this result is the joint property of the spouses, unless the marriage contract between them provides otherwise. A claim may only be brought against property in his possession, as well as his share in the common property of the spouses which would have been due to him in the division of the property. In the event of the death of one of the spouses, the surviving spouse shall have the share of the surviving spouse. In the right to common property of the spouses, equal to one second, unless a different share was determined by a marriage contract, a joint will of the spouses, a inheritance contract or a court decision.