Marriage unites the couple's plans

Precautions to take before getting married

A visit to your notary is recommended.
Marriage has major consequences for your estate. Although not compulsory, it is highly advisable to consult a notary. Two people united by marriage can choose whether or not to pool the assets of their respective estates, built up before marriage. Their choice will have significant effects, particularly in the event of separation or the death of one of the parties. A marriage contract may prove necessary, as it enables both spouses to prepare for the future. The choice of marriage contract will depend on the initial personal situation of the future spouses, their respective financial ambitions and their professional constraints. If you want to get married with peace of mind and live happily ever after, don't forget to visit your notary.

Marriage contract or not?
A marriage contract is not a question of trust. It's just a question of planning ahead. It costs less to anticipate and draw up a marriage contract from the outset, than to change your matrimonial property regime midstream. One couple in ten signs a marriage contract. Although this is not compulsory, it may be necessary in certain circumstances. A marriage contract makes it possible to :

- determine the composition of each spouse's assets, distinguishing between private and joint property, and specify how and by whom they are to be managed;
- specify how the accounts are to be drawn up and divided between the spouses on dissolution of the marriage.

Which marriage contract?

- If you don't take any specific steps, you'll be governed by the regime of community of property reduced to acquests. This is often the regime adopted by young couples without substantial assets. This regime, known as the legal regime, allows each spouse to manage his or her own assets (those acquired during the marriage by gift or inheritance). In this way, each spouse owns half of the community property.
- With the regime of separation as to property, on the other hand, there is no community between the two spouses. Each spouse owns his or her own assets.
- The regime of participation aux acquêts, on the other hand, is a mixture of the two preceding regimes. It operates as a separation of property during the marriage, and as a community upon its dissolution by death or divorce. During the marriage, each spouse is free to manage his or her own assets, but at the end of the marriage benefits from half of the enrichment of the other spouse.
- With universal community property, "everything that's yours is mine"! There is no property of one's own. The philosophy is one of sharing.

Buying property while married

Buying property as a couple.
Real estate and matrimonial property regimes are closely linked. The status of the property purchased will therefore change according to the matrimonial regime adopted.

- Under the legal matrimonial property regime, each spouse is deemed to own half of the property purchased after the marriage. If part of the financing comes from a gift or inheritance received by one of the spouses, the notary will advise you to mention this in the deed of purchase. In the event of separation, the spouse who financed the purchase in this way will receive "compensation" called a reward. It should also be noted that the sale of the property requires the agreement of both spouses. Each spouse will then receive an equal share of the sale price.
- Under the regime of separation as to property, all assets acquired before and after the marriage remain the personal property of each spouse. The property is the exclusive property of the person who financed it. In this case, it is strongly advised to buy jointly with funds from both spouses. They will then own the property to the extent of their investment. There is, however, a limit to this system as far as the family home is concerned. One spouse cannot sell the property without the other's consent, even if he or she is the sole owner.
- Under the regime of universal community, you are both equal owners of the home, even if it was acquired by only one of you.
- Under the regime of "participation aux acquêts" (shared ownership of property), the procedure is identical to that of "séparation de biens" (separation of property). In the event of marriage breakdown, each spouse is entitled to half of the other's acquests, i.e. half of his or her enrichment during the marriage.

Buying alone while married?
Under the regime of separation as to property, a spouse who wishes to purchase a property alone is perfectly entitled to do so. All they need to do is finance the property entirely with their own funds. In this case, the notarial deed will be signed by him or her alone.
If you are legally married, you can also buy a property on your own, provided you finance it entirely or mainly with your own money.

Possible marriage arrangements

Consider a gift between spouses!
Life's not a smooth ride, so it's best to think ahead. Inter-spousal gifts, commonly known as "last living gifts", are a must for married couples, regardless of the matrimonial regime they have chosen. An inter-spousal gift increases the spouse's share of the inheritance. The gift is limited to assets present in the donor's estate at the time of death.
It should be noted that it is not necessary to wait until you own substantial assets before making an inter-spousal gift. In practice, it is often at the time of purchase of the family home that the couple will take the opportunity to sign their gift. Note that the gift can be revoked unilaterally at any time. This means that the spouse may not be aware of the revocation, and may discover this "little betrayal" at the time of death! That's a recipe for trouble when it comes to settling the estate...
If there are children, the surviving spouse's share of the estate will increase thanks to the inter-spousal gift. He or she can receive :

- either half, a third or a quarter in full ownership, depending on the number of children (one, two, three or more),
- or the entire usufruct,
- or three-quarters in usufruct and one-quarter in full ownership.

A change of regime is always possible

During your marriage, you may also decide to buy a business or set up your own company, depending on your lifestyle choices. If you are legally married, it may be advisable to change your matrimonial property regime to one of separation of property. This is indeed possible. You can change matrimonial property regime during the marriage, but only after 2 years, whatever regime you choose. However, 2 conditions must be met: the change must be requested in the interests of the family, and both spouses must agree.
It's a good idea to plan ahead and sign a contract beforehand - it'll cost less than afterwards! If you marry without a contract, you will be married under the regime of community of property reduced to acquests. You will then need to contact your notary to liquidate the community beforehand. Fees will then be calculated according to the value of the assets in your estate. The notary will then draw up the deed of change of matrimonial property regime. Fees will therefore be higher.
In the case of adult children, they are personally informed of the change in their parents' matrimonial property regime, and the change is published in a legal gazette (JAL) for the information of third parties. In the case of minor children, the deed is subject to approval by the Family Affairs Judge.

Stéphanie SWIKLINSKI