In 1995, Denis, who is an accountant, starts his own business. He has been married to Anna since 1992. At that moment, they signed a marriage contract under the separation as to property regime. As for Anna, she works as an administrative assistant in a dental office and her flexible schedule allows her to be with their children.
© Working for nothing - Brunet Anciaes - family law
Working for nothing - Brunet Anciaes - family law
To help Denis, in addition to her employment, Anna assists him on a regular basis with administrative tasks. Over the years, Denis’s business flourishes to the point where he decides to acquire apartment buildings every two years. As for Anna, she manages her husband’s income properties and continues to care for the children during all these years. She receives no salary for the property management, but their rental income allows the family to live a very comfortable life.
In 2014, Denis begins a relationship with his assistant and the couple separates. At that moment, Denis owns approximately 120 apartments. He then argues to Anna that she will not be able to benefit from the partition of the value of his properties since they signed a marriage contract under the separation as to property regime.
Did you know that it will be possible for Anna to get a compensatory allowance for the work she has accomplished throughout these years managing Denis’s income properties? Indeed, Anna may be compensated for the hours spent doing administrative tasks, preparing leases, negotiating with tenants, dealing with the workers, representing herself before the Rental Board, etc. She may obtain compensation for the increase in wealth she has brought to Denis. This is explained by the fact that had she not accomplished all these tasks throughout the years, Denis would not have been able to acquire all his buildings… and keep a good relationship with his assistant…
Should you face such a situation and need further advice, you should consult a lawyer.
Written by Mtre Marie-Laurence Brunet
in collaboration with Me Adelia Ferreira