I have not entered into a marriage contract, what is my matrimonial regime?
If you are married in France without a marriage contract signed before a notary, you are automatically subject to the regime of community property reduced to acquisitions.
Assets. There are two categories of assets::
– Property belonging to each spouse: acquired before the marriage, received through inheritance or donation, or purchased with funds from reinvestment
– Joint property: professional income, income generated by their separate property, property acquired during the marriage with joint funds
Note: There is a presumption of community property for property acquired during the marriage.
Debts. There are two categories of debts:
– Debts incurred before your marriage or resulting from inheritance or donation—these remain personal to you and are, in principle, your sole responsibility.
– Debts incurred during the marriage or for household needs are in principle joint. They are binding on the joint property, but not on your spouse’s separate property, except in cases of joint liability or joint management.
Powers. Each spouse may manage their own property and the joint property used for the household’s everyday needs. However, certain important acts require the agreement of both spouses: the sale of real estate, taking out a large loan, or disposing of the family home (Articles 215 and 1415 of the Civil Code).
Separation or death. In the event of divorce or death, your matrimonial regime must be liquidated. This involves determining:
● What constitutes joint property (to be divided equally)
● What belongs to each spouse’s separate property (to be retained by each spouse)
● Any compensation owed to either spouse or to/by the community
Change of regime. You are free to change your matrimonial regime by notarial deed (Art. 1397), subject to the consent of the other spouse and respect for the interests of the family.
This change entails the liquidation of the previous regime, with some exceptions. The retroactive effect of the change may be adjusted.
Gaëtan ESCUDEY is available to review your marital status and explain the practical implications of your matrimonial regime.