Marriage is more than just a love story. It's also the union of two assets that need to be managed, grown and shared. Before making any decisions, it's advisable to consult your notary, who will help you choose a system that's right for you and your assets.
You are young and have little money
Community of acquests is for you. This is the system that applies by default and by right to all couples who have not signed a specific marriage contract. It works simply. Each of the spouses has his or her "own" assets, made up of the property he or she owned before marriage and that received by gift or inheritance during the marriage. The joint estate is made up of assets purchased during the marriage. Each spouse has equal rights. He or she will receive half the assets in the event of division (divorce, death).
You work in a high-risk profession
You are an entrepreneur or craftsman. You don't want any interference between your professional and personal assets. With separation of property, there's no risk of this happening. Each spouse retains sole ownership of the assets he or she owned before the marriage, and those received by gift or inheritance during the marriage. Assets acquired after the marriage also remain the property of the person who bought them. Property acquired by the couple during the marriage belongs to both spouses in proportion to the shares acquired. This is known as "undivided property". Professional assets, income and, above all, the debts of each spouse are independent of the other spouse's assets. The spouse "responsible" for the expense commits only his or her own assets, except in the case of a debt relating to the upkeep of the household or the education of children, for which the spouses are jointly liable.
You want to remain independent, but with mutual protection
You both work and your philosophy is financial independence. Each manages his or her own accounts and assets, but you want your other half to have rights over them in the event of your death. Opt for participation aux acquêts. All assets acquired before and during the marriage remain the property of the spouse who purchased them. Each spouse remains responsible for any debts incurred alone. When the spouses buy property together (housing, car, etc.), the property belongs to both spouses in proportion to their respective contributions. On dissolution of the marriage in the event of death or divorce, each spouse is entitled to half the value of the net assets acquired by the other.
Nothing is definitive
If the matrimonial property regime chosen at the time of marriage no longer suits you, you can modify or change it at any time after the marriage has taken place. In the case of minor children, the notary must refer the matter to a judge if he or she considers that the new matrimonial property regime is likely to violate the interests of the children. As adult children are informed of the new choice, they can also oppose it within 3 months.
You're no longer young and want to protect your spouse
You're not quite "senior citizens", but you're getting on in years. You have children, but they are independent. You want to protect your spouse at all costs: universal community property is for you. With this matrimonial regime, there are no assets of their own, and both spouses own nothing in their own names. In return, the community bears all present and future debts. In the event of dissolution of the marriage, each spouse recovers half of the joint estate, and an allotment clause enables the surviving spouse to inherit the entire estate of the deceased, without any inheritance tax. If there are children, they will only inherit on the death of the second spouse, and inheritance taxes will then be higher. To overcome this disadvantage, you can make a gift to your children.
Marie-Christine MENOIRE