Weddings - Real estate - Gifts... Find your gifts at your notary's office!

1st gift
Benefits for the couple

You've been a couple for several years now. You've decided that this Christmas you're going to propose or invite your partner to enter into a civil partnership with you. This will make the situation more "official" and give you peace of mind for the future. But you're still a little unsure about whether to get married. To prepare for the big day and make an informed decision, it's a good idea to visit your notary. He or she will tell you that pacs and marriage are a wise precaution to protect your friend. Cohabitation has no legal recognition, and in the event of separation or the death of one of the partners, the situation can quickly become complicated.

After that, the choice between pacs and marriage will also depend a little on your "sensibility". Marriage offers spouses a more protective legal framework than cohabitation or PACS:
- marriage implies an obligation to live together, mutual material assistance between the members of the couple as well as solidarity for expenses incurred for the needs of everyday life and the education of children. Marriage also gives spouses a wide choice in the organization of their assets, since they can choose their matrimonial property regime, which may be separatist or community-based. Failing this, they are subject to the legal community of acquests regime. PACS partners do not have this option. By default, they are subject to the regime of separation as to property. They can, however, opt in advance for an indivision regime: all property purchased after the pacs will then belong to both of them 50/50 (even if only one of them finances the acquisition);
- the married spouse is better protected than the cohabitee or PACS partner. As a legal heir, his or her rights vary from full inheritance to 1/4 full ownership. This situation can be greatly improved through what are known as"matrimonial benefits" or a last living gift. In contrast, PACS partners are not heirs to each other. In the event of the death of one of the partners, the survivor is entitled to nothing in the absence of a will, and even if one exists, the room for manoeuvre is more limited than for married couples. If the deceased had no heirs in reserve (children, etc.), it is possible to bequeath all assets to the surviving partner in a will. If this is not the case, the bequest may not exceed the "quotité disponible" (the share freely available to the person making the will). In addition, the surviving spouse is entitled (under certain conditions, notably age and income) to the deceased's survivor's pension. This is not the case with a civil union, and even less so with a common-law union.

2nd gift
Better protection for your spouse

You've been married for several years now. At the time, you didn't own much, so you didn't think it wise to draw up a marriage contract. You are therefore subject to the legal regime of community of acquests. This regime is characterized by the pooling of assets acquired from the celebration of the marriage ("acquêts"). Each spouse retains, as his or her "own property", those owned before the marriage on the one hand, and those received free of charge during the marriage on the other (gifts, inheritances, etc.). Designed for general use, the legal system is limited when a particular family or property situation arises. This is the case, for example, when the spouses are self-employed in a profession that entails financial risks (liberal professions, craftsmen or shopkeepers). In such cases, you'll need to look for another, more appropriate status, and draw up a marriage contract before a notary. Depending on your situation, the notary will guide you towards separation of property, participation in acquests or universal community. Your choice will be guided by a number of legal and tax factors, as well as family and professional considerations...

I'm changing my matrimonial property regime
Whatever matrimonial property regime you choose, you can change it after 2 years, in the interests of the family and if both spouses agree. For example, if you are married under the legal matrimonial property regime and are starting up a business, it is advisable to adopt the separation as to property regime.
To change matrimonial property regime, you need to contact a notary who will draw up a deed of change of matrimonial property regime. The spouses' adult children and creditors are informed of the planned changes, so that they can object to the change if necessary. If there are minor children or if there are objections, the deed must first be authorized by the guardianship judge or the family council.

3rd gift
An interesting inheritance

As you get older, your children are grown and you no longer have the same plans as when you were 20, you want to take stock of your estate so you can pass it on in the best possible conditions and protect your loved ones. Perhaps now is the perfect time to consider making a gift to your spouse (if you haven't already done so) and your children. That way, you won't have to apply the letter of the law when it comes to inheritance, which may not be what you want for your heirs.

- if you want to protect your spouse, an inter-spousal gift (or donation au dernier vivant) enables you to give a larger share than that provided for by law.
- if you want to help your children, to make sure you don't harm any of them, a shared gift is the ideal solution. It avoids the difficulties and family quarrels that can arise when settling an estate, and facilitates the allocation of assets in accordance with the donor's wishes and the needs of each child.

"Your notary will support and advise you in all your choices concerning your estate".

4th gift
A beautiful estate based on real estate

Becoming an owner! What a great project. Especially since interest rates are still low, and the public authorities are helping to finance your project, especially if you're a first-time buyer. Your notary will be just the person to help you find the home of your dreams and bring your project to fruition under the best possible conditions. As is often overlooked, notaries are also real estate negotiators. Thanks to their training, their in-depth knowledge of the real estate market (national and local) and of current prices, they can advise you on whether or not to buy. Searching for a property, negotiating the sale, preparing and drafting the preliminary contract and the deed of sale... the notary will take care of everything.
If you're already a homeowner and you'd like to build up your property portfolio by investing. And even better if you can reduce your taxes. That's the opportunity offered by the Pinel scheme. It allows you to benefit from a tax reduction of up to 21% of the property price for a 12-year investment in an eligible new-build program. More precisely, the reduction is 21% of the investment price for 12 years of rental, 18% of the investment price for 9 years of rental, or 12% of the investment price for 6 years of rental. Once again, your notary will be able to provide you with invaluable advice to help you assess and improve the profitability of your investment.

Marie-Christine MENOIRE