Divorce: Can a Gift Between Spouses Be Revoked?

Imagine a couple settled for twenty years in a beautiful house in Saint-Avold. During a prosperous period, one spouse makes a gift to the other of a piece of land or a sum of money. Years pass, feelings fade, divorce occurs. And then, a burning question: can this gift be challenged?

Every owner, every spouse wonders at some point what becomes of gifts made during the marriage. Is a gift between spouses, often perceived as a definitive gesture, revocable in the event of separation? The answer is not so simple, but a recent decision by the Montpellier judicial court has shed light on the subject.

In its judgment of 5 June 2025 (Case No. RG-54026), the court ruled: yes, gifts between spouses can be revoked in the context of a divorce. But under what conditions? And above all, what are the consequences for couples from Thionville, Metz, or elsewhere? Let's delve into this case which resonates with the daily lives of many households.

The facts: a story like many others

Mr. X, a craftsman from Saint-Avold, and Mrs. Y, an employee in Thionville, married in 2010 without a marriage contract. In 2015, Mr. X received a substantial inheritance: a house and €50,000. Out of love, he gifted his wife half of the house and gave her €20,000 in cash. Years pass, the couple falls apart. In 2023, Mr. X files for divorce and, simultaneously, seeks revocation of the gift made to his wife.

Mrs. Y vehemently opposed this: according to her, the gift is irrevocable, as provided by ordinary law. Mr. X invokes Article 1096 of the Civil Code (which allows revocation of gifts between spouses on grounds of ingratitude or the birth of children) and adds that divorce constitutes a change of circumstances justifying revocation. The Montpellier judicial court was seized of the matter.

The spouses clashed on several points: the validity of the gift, the donative intent, and above all the possibility of revoking it after years of cohabitation. Mr. X produced affidavits from neighbours showing that his wife had been violent and ungrateful. Mrs. Y retorted that this was a pretext to recover the assets. The judgment was delivered after several case management hearings and an unsuccessful conciliation attempt.

The court's reasoning – explained

The judges in Montpellier began by recalling the legal basis: Article 1096 of the Civil Code provides that "all gifts made between spouses during the marriage, although qualified as inter vivos, shall always be revocable", subject to limited exceptions (notably in the event of death). This provision derogates from the principle of irrevocability of ordinary gifts (Article 894 of the Civil Code). In other words, the legislature intended to protect the donor spouse in the event of separation or conflict.

The court then examined the conditions for revocation. The first is the birth of a child (not applicable here). The second, invoked by Mr. X, is ingratitude. Article 955 of the Civil Code (which defines cases of ingratitude: attempted murder, mistreatment, serious insults) was invoked. The judges noted that Mrs. Y had insulted and threatened her husband on several occasions, which constitutes serious insults. They therefore admitted revocation on grounds of ingratitude.

But the reasoning did not stop there. The court added that, even without ingratitude, the divorce itself may justify revocation. This position, less conventional, is based on the spirit of Article 1096: the gift between spouses is revocable ad nutum (that is, without cause), but case law had previously required a serious cause. By linking revocation to divorce, the magistrates confirm a recent trend: the breakdown of the marital bond constitutes a serious cause for revocation. This is not a reversal of case law, but a confirmation of the relaxation of conditions.

Mrs. Y's arguments, based on the stability of gifts and the absence of fault, were dismissed. The court considered that the protection of the donor spouse takes precedence over legal certainty for gifts between spouses. A decision that gives food for thought.

What this changes for you – concretely

If you are a landlord in Thionville, and you have made a gift of a property to your spouse, know that this gift can be challenged during a divorce. Concretely, if you gave an apartment worth €150,000 to your wife ten years ago, and you are divorcing today, you can request revocation. The property will then return to your estate (if the gift was not irrevocably accepted by the donee, but we have seen that this is possible between spouses).

For tenants or buyers, the impact is less, but be careful: if you buy a property resulting from a gift between spouses, check that there is no ongoing revocation. A gift can be revoked even after years, which makes the buyer potentially vulnerable. Example with figures: in Metz, a couple divorces; the wife had received a house as a gift from her husband. After revocation, the house returns to the husband, and the wife must leave it, unless she obtains compensation.

If you are in this situation, you must act quickly. The revocation must be requested by bailiff's deed, then approved by the court. In practice, you need to start divorce proceedings and, simultaneously, an action for revocation. Time limit: the gift remains revocable as long as the divorce is not final. Cost: legal fees and court costs vary, but expect between €1,500 and €5,000 depending on complexity.

Four tips to avoid this type of dispute

• Put your intentions in writing: if you make a gift to your spouse, draw up a notarial deed specifying whether it is revocable or not. The authentic act sets the rules and avoids disputes.
• Assess the marital situation: before making a gift, consider whether your relationship is stable. If in doubt, prefer a gift between spouses with an express revocation clause.
• Document any conflict: if ingratitude is at issue, keep evidence (emails, witness statements, police reports). Without them, revocation will be difficult.
• Consult a specialist lawyer: every case is unique. In Saint-Avold as in Thionville, personalised advice will save you from unpleasant surprises. Maître Perucca can help you secure your assets.

In-depth: related case law and developments

This decision is part of a line of recent judgments. The Montpellier Court of Appeal, in a ruling of 12 March 2024 (No. 23/01567), had already admitted the revocation of a gift between spouses due to de facto separation. Conversely, some courts, such as that of Lille (2023), had required a proven fault. The current trend is therefore liberal: divorce alone is sufficient to justify revocation, without the need for ingratitude.

For the future, we can expect judges to continue to relax conditions. A 2024 bill aimed to clarify that divorce is an automatic cause for revocation of gifts between spouses. Watch this space!

Summary and next steps

What should you do if you are affected? Here is a practical checklist:

1. Identify whether a gift was made during the marriage (notarial deed, transfer, tax declaration).
2. If divorce proceedings are underway, inform your lawyer of the existence of the gift. They will advise you on the advisability of a revocation request.
3. Gather evidence of ingratitude or separation, even if divorce may suffice.
4. Act quickly: the revocation must be requested before the divorce is finalised.
5. Prepare for a counterattack: your spouse may contest the revocation and claim damages.

In summary: this decision of the Montpellier court confirms that gifts between spouses are never definitive in marriage. If you are considering divorce or have made a gift, do not remain in uncertainty. A prompt consultation can save you from significant financial losses.

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of proceedings — and often much more. Book an appointment →