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Les cadeaux entre époux dans le cadre du divorce

Arrêt sur la restitution ou non des cadeaux entre époux dans le cadre d’un divorce

La jurisprudence distingue le présent d’usage, qui ne peut être récupéré dans le cadre du divorce, et la donation, qui constitue une sorte de prêt pendant le mariage.

Il n’y a pas de critère précis pour apprécier la catégorie dans laquelle entre un cadeau litigieux et l’appréciation est faite au cas par cas.

Dans un arrêt du 19 novembre 2014, la Cour de cassation a indiqué qu’un présent d’usage était avant tout un cadeau fait dans le cadre d’un événement particulier (mariage ou naissance par exemple).

En l’espèce, l’époux faisait valoir le prix particulièrement élevé d’une bague offerte à sa femme et dont le prix représentait la moitié de ses revenus l’année de l’achat.

Les juges ont cependant estimé que la valeur était secondaire et que le fait que ce cadeau ait été fait à l’occasion de la naissance d’un enfant en faisant un présent d’usage.

Cela n’est pas le cas d’un bijou de famille qui peut être restituable.



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