I want to get married, which matrimonial regime should I choose?
The matrimonial regime is the set of legal rules that govern the property relations between spouses. It determines the ownership of property, management rights, and the rules applicable in the event of separation or death.
It is essential to anticipate this choice because it determines what each person will receive when the matrimonial regime is liquidated, either through divorce or death. This dissolution may be amicable or judicial (see the information sheet on dissolution in the “Your assets” section).
This is an opportunity to plan how your couple will manage your current and future assets and to anticipate the consequences of a possible separation or death. You can choose your matrimonial regime before or during the marriage and adjust it as you wish within the limits of the mandatory provisions. Under French Law, there are four basic regimes:
Community property limited to acquisitions: This is the legal regime, applicable in the absence of any choice (see fact sheet no. 7). This regime allows you to retain ownership of your separate property and to pool all your income and property acquired during the marriage, with some exceptions. All property acquired during the marriage is presumed to belong to the community.
As for debts, they remain personal if they were incurred before the marriage. Personal debts incurred during the marriage cannot be repaid from your separate property if you did not incur them. However, debts incurred jointly or for household needs—known as household debts—are shared.
Universal community property: This regime provides that all property, whether acquired before or during the marriage, as well as all debts, even those incurred before the union, are common to both spouses. It is often chosen to promote the protection of the surviving spouse.
Separation of property: Each spouse remains the owner of their personal property, whether acquired before or after the marriage. However, the spouses may decide to purchase certain assets jointly. This regime can be established by agreement (by contract) or by court order (in the event of serious disagreement).
Participation in acquisitions: This mixed regime combines the principles of separation of property during the marriage and those of community property upon dissolution.
During the marriage, each spouse retains and manages their assets independently. However, when the regime is dissolved (through divorce or death), an assessment is made of the acquisitions made by each spouse. The calculation is made as if the spouses had been subject to the legal regime of community property. The wealthier spouse will have a claim, known as a participation claim, against the other.
Gaëtan ESCUDEY is available to assist you in choosing a matrimonial regime that is suited to your family and financial situation.