DIFFERENT MATRIMONIAL PROPERTY REGIMES

Different matrimonial property regimes

1 - THE COMMUNITY REDUCED TO ACQUETS

All couples who do not sign a marriage contract are automatically placed under the legal regime of community of property reduced to acquests.

All goods purchased DURING the marriage by either or both spouses constitute the COMMON ASSETS.

All income (earned income, income from property, income from movable property, income from self-employed activities, etc.) constitutes joint property, including income from own property (income from property, for example).

Each spouse retains ownership of the PROPERTY :

- possessed before marriage

- received personally by inheritance or gift

- purchased with the proceeds from the sale of your own property or in lieu of a sum of money received as a gift.

Under this system, the presumption of community. As a result, a spouse who wishes to claim ownership of an asset (his or her own property) will have to provide proof of this. 

Advantages :

This scheme is particularly well suited to couples:

- where one of the spouses has little or no income from work

- with little assets

- driven by a community spirit 

Disadvantages:

This system is not recommended for couples where one of the spouses is self-employed because, in the event of non-payment, the creditors of one of the spouses can seize his or her own property as well as joint property. 

Asset management :

Each spouse may act alone in conserving, administering and disposing of joint property.

The spouses are therefore interchangeable in the management of their joint assets. 

However, although they relate to joint property, certain acts are subject to the exclusive management of one spouse or to joint management. The first exception to the principle of concurrent management is justified by a concern for independence in professional matters. 

The second exception to the principle of concurrent management (e.g. sale of real estate) is joint management for important acts that are likely to drain the community of its substance.

Different matrimonial property regimes

2 - UNIVERSAL COMMUNITY

Under the regime of universal community, all property acquired or received (by gift or inheritance) is subject to the following conditions BEFORE OR DURING the marriage are joint, unless otherwise agreed.

However, property may be given or bequeathed to a child married under this regime, provided that it does not form part of the community.

The spouses may include in their contract a allocation clause on the death of one of the spouses, the other will receive all or part of the deceased's assets without any compensation. right of succession to pay.

Advantages :

This system allows you to pass on your entire estate to your spouse without paying inheritance tax. All you have to do is include a full survivorship clause.

It avoids any financial disputes since, by definition, all assets are held jointly, with no possibility of dispute.

Disadvantages:

In the event of death, children are adversely affected if a clause providing for full attribution to the surviving spouse has been included.

In fact, on the first death, if there is a clause providing for full attribution to the spouse, there is no succession. The surviving spouse becomes the full owner of all the assets.

The rightful heirs (children) are therefore temporarily "deprived" of an inheritance and cannot use the direct line allowance of €100,000 they would have benefited from on the inheritance share of 1^er death. They will therefore only be able to benefit from a single allowance of €100,000 on the second death.

In the event of a free inheritance or gift, each child is entitled to a deduction of €100,000 from the value of the assets passed on to each parent. This allowance is renewable every 15 years. 

The couple's entire estate is pledged to the creditors.

Strong co-management and/or concurrent management.

This system is most often adopted by retired spouses whose aim is to protect the surviving spouse.

3 - SEPARATION OF PROPERTY

The system of separation of property organises a TOTAL SEPARATION the assets of the spouses. 

Each spouse retains ownership of the property he or she owned on the date of marriage and any property acquired subsequently.

However, the spouses may decide to acquire certain assets together (in joint ownership) (e.g. the home). The proportion of the share acquired will correspond to each spouse's contribution.

Advantages :

- Each partner remains responsible for the debts he or she has incurred alone.

- The creditors of one spouse cannot seize the assets of the other spouse, unless he or she has given a joint and several guarantee. This explains why this system is often adopted by entrepreneurs and other "high-risk" professions. 

- This system separates the assets of the spouses, which can make it easier for parents to pass them on to their children. 

- Each spouse retains complete freedom to decide what to do with his or her own property. 

Disadvantages:

- Each spouse has his or her own income.

- If one of the spouses does not have a professional activity and/or does not own any assets, he or she may find himself or herself particularly deprived when the matrimonial property regime is dissolved.

- In practice spouses separated by property often form a "joint account" during the marriage. This can pose a problem in the event of divorce when it comes to clarifying the origin of the funds. Especially as the matrimonial benefits provided by this system may be called into question, like any gift between spouses. 

- Among other things, this scheme is recommended for blended families.

4 - PARTICIPATION IN ACQUETS

The spouses may also opt for a hybrid system combining the rules of separation as to property and the rules of community reduced to acquests: the system of participation in acquests. 

During its operation, the regime is separatist.

The community spirit comes into play on dissolution, as each spouse is entitled to half the value of the spouse's enrichment acquired during the marriage.

Advantages :

- Fair diet

- Particularly recommended for spouses working in a high-risk profession, but with a community spirit.

Disadvantages:

- Liquidation risks: conflicts.

- Problem with payment of participation claim

- Difficulty quantifying the participation claim

IS IT POSSIBLE TO CHANGE MATRIMONIAL PROPERTY REGIMES? (The different matrimonial property regimes) :

The answer is yes.

Until March 2019, you had to have been married for at least two years before you could change your matrimonial property regime.

Since then, the law has changed and the time limit no longer applies. The day after the weddingYou are therefore supposed to be able to change your matrimonial property regime.

Any modification needs to be justified and must be in the interests of the family without prejudice to any party.

The change of matrimonial property regime is carried out by a notary.

Different matrimonial property regimes