Property acquired during marriage: Article 49 of the Moroccan Family Code

The principle: two separate estates

Each spouse has their own assets. Property bought in one spouse's name belongs in principle to that spouse alone, even if acquired during the marriage.

This rule can disadvantage the spouse who contributed to the household's wealth without the assets being in their name: work at home, contributions to a loan, help in the other spouse's business.

An agreement on managing assets

Article 49 allows spouses to agree, in a document separate from the marriage contract, on how assets acquired during the marriage will be invested and shared.

The adouls must inform the future spouses of this option when the marriage is concluded. The agreement can also be made later.

Without an agreement

Without an agreement, the judge applies the general rules of evidence, taking into account each spouse's work, the efforts made and the burdens borne to increase the family's assets.

Useful evidence

The Family Code reform project would give better recognition to domestic work. Until it is adopted, only the current rules apply.

• Bank statements showing contributions to buying a property or repaying a loan.
• Contracts, invoices and certificates relating to the purchase or works.
• Evidence of help in the other spouse's professional activity.
• Witness statements, within the limits allowed by procedure.

The firm's view

A written agreement, even a late one, remains the best protection for both spouses. On separation the case is won on evidence, so gather it early.

Maître Malak Elimani advises couples on Article 49 and assists spouses in divorce and asset division proceedings. This article provides general information and is not a substitute for legal advice.