Marriage under the community regime: the rents of the separate property of a spouse are common to both

In a divorce case, Mr. X, who owned an apartment, used rental income to pay off his mortgage. His wife, Mrs. Y, claimed a reward from the community for these earnings, arguing they were common revenues. The court ruled against Mr. X, ordering him to pay €81,000, calculated based on the capital repaid and the current value of the property. Mr. X contested this, stating the rental income was consumed in mortgage payments. However, the court clarified that the income contributed to an investment, thus not fully consumed.