Whether married with or without a marriage contract, couples in France are subject to a matrimonial regime that governs their assets. If a couple marries without a marriage contract, they automatically fall under the default regime of “community of property reduced to acquisitions.”
If no marriage contract is established and the couple relocates to a foreign country, the applicable matrimonial law may change based on the laws of the country where the spouses reside.
Common Rules for all contracts
Regardless of the chosen regime, certain mandatory rules apply to all married couples:
- Each spouse retains control over their personal property.
- Both spouses have the freedom to pursue a profession, receive earnings, and manage those earnings after fulfilling marital obligations.
- Each spouse can maintain independent banking.
- Mutual consent is required to sell or mortgage the family home and its furnishings.
- Spouses share joint responsibility for household debts.
- They are jointly liable for taxes.
- Both must contribute to household expenses and uphold the duty of mutual support.
RĂ©gime: CommunautĂ© de biens rĂ©duite aux acquĂȘts
English Translation: Community of Property Reduced to Acquisitions
In France, couples who marry without a marriage contract are automatically placed under the “community of property reduced to acquisitions” regime. While this is the default arrangement, it can still be advantageous to formalize a marriage contract under this regime, particularly if the couple intends to live abroad.
Separate Property
- This includes assets that each spouse acquired before marriage, as well as any assets received through donation or inheritance, whether before or during the marriage.
- It also covers assets acquired during the marriage using funds from a donation or inheritance.
- Each spouse has full control over their separate property, with the exception of the marital home.
- If the family residence is considered separate property, the spouse who owns it must obtain the other spouse’s consent before selling it.
Common Property
- This encompasses all assets acquired by the spouses during the marriage, including movable assets (like furniture, vehicles, joint or individual bank accounts, income, savings, and pensions) and immovable assets, except for those classified as separate property.
- Each spouse can manage the community property independently, except for significant transactions, such as selling real estate or donating community assets, which require mutual consent.
Debts
- Any debts incurred by one or both spouses during the marriage are considered joint liabilities, including professional debts.
- Both spouses are personally and jointly responsible for the entire debt.
- However, debts that one spouse incurred before the marriage or those resulting from a donation or inheritance are treated as separate liabilities and remain the responsibility of that individual spouse.7
Death or Divorce
- When the marriage ends due to death or divorce, each spouse (or their heirs) regains their separate property and is entitled to half of the community property.
- A thorough inventory of the communityâs assets and liabilities is conducted to ensure an equitable division of property.
RĂ©gime: SĂ©paration de biens
English Translation: Separation of Property Regime
This marriage regime is particularly well-suited for individuals engaged in independent or professional activities. Under this regime, there is no community propertyâall assets are personal and belong solely to the individual who acquired them. Spouses can still jointly acquire property, with ownership shares corresponding to their respective contributions. In such cases, the property is subject to co-ownership rules.
Managing Assets: Each spouse maintains full control over their personal assets. However, the following conditions apply:
- Family Home: Even if the family home is individually owned by one spouse, it cannot be sold without the consent of the other spouse.
- Household Expenses: The costs of maintaining the household are shared by both spouses “in proportion to their respective means.” Generally, no financial settlement is made between them for these expenses in the event of a divorce or death, unless the couple agrees to account for such expenses (e.g., for repaying a mortgage).
- Legal Authorization: If one spouse is unable to express their wishes due to illness, absence, or other reasons, the other spouse may seek legal authorization to manage their personal assets.
DebtsÂ
- Each spouse is responsible for debts related to their personal assets or debts they have individually contracted.
- However, any debts incurred for household needs or due to joint tax liability must be borne by both spouses.
Death or Divorce
- Upon the dissolution of the marriage due to death or divorce, each spouse retains their personal assets and their share of any jointly owned property.
- In the event of death, the surviving spouse may be entitled to claim a portion of the deceased spouse’s estate according to the law
RĂ©gime: Participation aux acquĂȘts
English Translation: Participation in Acquisitions Regime
During the Marriage: The rules for managing assets and liabilities are the same as those under the separation of property regime.
Death or Divorce
- When the marriage ends due to death or divorce, a notary assesses the financial gain of each spouse from the date of marriage to the date of dissolution.
- The spouse who has accumulated more wealth (or their estate) is generally required to pay the other spouse a participation claim, which is equal to half of the wealth they gained.
Regime: Communauté Universelle
English Translation: Universal Community of Property Regime
This regime is ideal for couples who have shared their entire lives and wish to consolidate all their assets. It is also suitable for couples without children. Under this regime, all current and future assets are pooled together, leaving no separate property for either spouse.
Debts: Both spouses are jointly responsible for all debts incurred, whether before or during the marriage, with claims against the entire community property.
Divorce: In the event of a divorce, all property is typically divided equally between the spouses. However, the marriage contract can specify that each spouse retains ownership of the property they had before adopting the universal community regime.
Death: This regime often includes a provision that grants full ownership of the community property to the surviving spouse. As a result, the surviving spouse inherits the entire marital estate without needing to file a succession declaration. The coupleâs children will inherit only after the surviving spouseâs death.
Note: Children from a previous marriage can challenge this arrangement. They may request their reserved share from the deceased parent’s pre-marriage assets, making this regime less suitable for those with children from prior unions.
Is it possible to change the matrimonial regime later?
Changing or modifying your matrimonial regime can help protect your spouse or manage risks, especially if you own a business. For instance, you might switch to a community property regime to pool assets or choose a separation of property regime to keep assets distinct.
Options for Modification
- Adjust Your Current Regime: Implement specific rules for certain assets, such as the family home.
- Choose a New Regime: Opt for a completely different regime, such as a universal community property regime, which fully benefits your spouse.
Requirements for Changing Your Regime
- The change must serve the familyâs best interest.
- Both spouses must agree to the change.
- The change must be executed by a notary.
Costs Involved: The cost depends on the value of your assets, both movable (e.g., furniture, shares) and immovable (e.g., land, apartment). You will need to cover:
- Publicity and procedural fees.
- Notary fees based on asset value.
- Costs for liquidating the current regime.
- Lawyer fees if court approval is required.
- Costs for notifying creditors and adult children.
When Does the Change Take Effect?
- For the Marriage Certificate: The change must be recorded on your marriage certificate, and the notary will manage this process.
- For the Spouses: The new regime takes effect on the date of the notarized deed or the courtâs approval.
- For Third Parties: The change is enforceable against third parties three months after itâs recorded on the marriage certificate. If it is not recorded, it becomes enforceable if the spouses declare the change in their agreements with others.
Sources & References đ
- Contrat de mariageÂ
- Comment changer ou modifier son régime matrimonial?
- RĂ©gime matrimonial: qu’est-ce-que la communautĂ© de meubles et acquĂȘts ?
- Marriage contract: choose their matrimonial regimeÂ
- Business owner: which matrimonial regime to choose?
