Family and couples · Gift · review before revocation
Revoking a gift between spouses under French law
Before revoking a spousal gift, identify the instrument, date, property and effective time. A future-property gift made during marriage is revocable under article 1096, but present-property gifts and some instruments follow other rules. Separation and divorce have different effects. Prepare questions for the notary; a generated note or letter does not revoke the instrument.
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General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
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Does every spousal gift disappear on divorce?
No. Article 265 distinguishes dispositions and any maintained effects.
Read the referencesYou want to revisit a spousal gift: let’s identify the instrument and effects before formalities.
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Which gift is freely revocable under 1096?
The statute concerns future-property gifts made between spouses during marriage. Identify the instrument and effective time before using this rule: the label spousal gift does not classify every disposition.
Related step: Family and couples
What changes for present property or a marriage contract?
Present-property gifts effective during marriage follow distinct revocation grounds. An instrument within a marriage contract requires examination of its nature and regime; do not generalise free revocability.
Related step: Surviving spouse’s rights in France: usufruct, a quarter in ownership and the home
Code civil, article 1096Comment faire une donation au dernier vivant ?
Does separation cancel the gift?
Do not confuse separation with divorce. Article 265 distinguishes present gifts, deferred advantages and death dispositions, with specified maintenance possibilities. Read judgment, instrument and expressed intention before concluding.
Related step: Forced heirship in France: what share your children can claim, gifts included
How can a notary-preparation note be drafted?
Fictional example: a 2018 instrument; the worksheet requests its copy and clauses without revoking it.
Fictional example · Your preparation worksheet
This note prepares review of the instrument and formalities. It revokes no gift and certifies no divorce effects.
Draft for review · starts with a fictional example
Instrument
2018-06-15: Copy of gift instrument and any maintenance clauses
Purpose of note
Check revocability, form and effects before any act
I wish to have the revocability of the disposition dated 2018-06-15 reviewed. Please provide Copy of gift instrument and any maintenance clauses and clarify its nature, effective time, appropriate formality and consequences. This records request is not a revocation instrument.
Locate the complete instrument, date, subject matter, effective time and amendments.
Distinguish future property, present property and matrimonial advantage; have couple status examined.
Ask the notary about applicable method and effects, then complete the appropriate instrument after review.
Free revocability of certain future-property gifts does not extend to every gift or marriage contract. Separation is not divorce.
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Which method should be checked with the notary?
Official guidance describes revoking a last-survivor gift before a notary or by will, subject to necessary qualifications. Ask about suitable form, consistency with other dispositions and marital-status effects.
Related step: Dividing property after a divorce in France: own property, common property and the home
Comment faire une donation au dernier vivant ?Code civil, article 1096
Which documents belong together?
| Point | Check |
|---|---|
| Instrument | Date, type and effective time |
| Couple | Marriage, separation or divorce |
| Formalities | Method and consequences to check |
What does the governing text say about review before revocation?
La donation de biens à venir faite entre époux pendant le mariage est toujours révocable.
In plain English: The statute concerns future-property gifts made between spouses during marriage. Identify the instrument and effective time before using this rule: the label spousal gift does not classify every disposition.
Does the prepared note revoke the gift?
No. It requests records and issues for review. Keep the initial instrument, amendments, divorce decisions and evidence of completed formalities. The note is neither a will nor a notarial instrument and certifies no revocation.
Comment faire une donation au dernier vivant ?Code civil, article 1096Code civil, article 265
What else should you know about review before revocation?
Does every spousal gift disappear on divorce?
No. Article 265 distinguishes dispositions and any maintained effects.
Must the spouse always consent to revocation?
Do not state a universal rule: first identify the instrument and regime.
Is a generated letter a will?
No. This note completes no revocation formality.
Does this page address the survivor’s choices after death?
Its purpose is reviewing revocation of an existing instrument before its effects.
Which sources explain review before revocation?
- Code civil, article 1096DILA / Légifrance
- Code civil, article 265DILA / Légifrance
- Comment faire une donation au dernier vivant ?Service Public / DILA
Texts cited last checked: 20 October 2026