Matrimonial property regime - The time to change rates is now

More expensive change of matrimonial property regime

As of January 1, 2020, changing matrimonial property regime will cost more than in 2019, if the spouses choose to move from a separation of property regime to a community regime. More concretely, this means that, in addition to the notary's fees, this change is now subject to a registration fee of 125 euros. If this change is accompanied by the transfer of real estate, the 0.751% land registration tax will also be charged.

Example: let's take the case of the contribution to the community of a property worth 1 million euros. The costs would be 125 euros + 3,575 euros in land registration tax calculated on half the value of the property (1 million euros x 0.715% x 50%).

Unchanged conditions

To change matrimonial property regime :

• the spouses must act in the family interest,
• both spouses must agree on the principle of the change,
• a notary must be appointed to draw up an authenticated deed.

A simplified procedure

The procedure and conditions for changing matrimonial property regimes have been simplified in 2019:

• it is now possible to modify the existing matrimonial property regime or change matrimonial property regime at any time after the celebration of the marriage. Previously, it was necessary to wait 2 years;
• in the case of minor children, a judge is no longer systematically required to approve the notarial agreement establishing the new matrimonial property regime. However, the notary will still have to refer the matter to the judge if he feels that the children's interests are in danger of being violated by the new matrimonial property regime. As adult children are informed of the new choice, they can also oppose it within 3 months.

The different matrimonial regimes

• Community reduced to acquests. Assets acquired during the marriage, as well as income (salaries, interest on investments, etc.) become joint assets, belonging equally to each spouse. In the event of dissolution of the marriage (death of one of the spouses or divorce), each spouse recovers 50% of the joint assets (the community) and retains his or her own property. Assets received by bequest, gift or inheritance remain the individual property of each spouse.
• Separation as to property. Nothing is pooled. This matrimonial regime makes it possible to differentiate between what each spouse owns on the day of marriage, and what he or she will have thereafter (property, investments and whatever else his or her assets may earn). Each spouse manages his or her assets as he or she sees fit, with the exception of the family home, which cannot be sold without the agreement of both spouses, even if only one spouse owns it. This system protects the spouse's assets and income from potential creditors (subject to certain precautions, as the spouse must avoid acting as guarantor, for example).
• Participation aux acquêts. This is a hybrid system. For the duration of the marriage, it operates as if the spouses were married under the separation of property regime. When the regime is dissolved, each spouse is entitled to share in the profits made during the marriage. Each spouse receives half of the enrichment realized by the other during the marriage.
• Universal community. This is the opposite of the separation of property regime. Both spouses own nothing in their own name, and all assets belong to the community. In the event of dissolution of the marriage, each spouse receives half of the joint estate, and the full inheritance clause enables the surviving spouse to inherit the entire estate of the deceased, without any inheritance tax. And if there are children, they will only inherit on the death of the second spouse, and inheritance taxes are high. To overcome these disadvantages, you can make a donation.

Marie-Christine MENOIRE