What are the different matrimonial property regimes?

If you are married in France without a marriage contract signed before a notary, you are automatically subject to the regime of the statutory community of acquests (communauté légale réduite aux acquêts).

Assets. There are two categories of assets:

• Property belonging to each spouse (biens propres): acquired before the marriage, received through inheritance or gift, or purchased with funds from reinvestment (remploi)
• Joint property (biens communs): professional income, income generated by their separate property, property acquired during the marriage with joint funds

Note: there is a presumption of community for property acquired during the marriage.

Debts. There are two categories of debts:

• Debts incurred before your marriage or resulting from an inheritance or gift—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 and several liability (solidarité) or joint management.

Powers. Each spouse may manage, on their own, their separate 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 French Civil Code).

Separation or death. In the event of divorce or death, the liquidation of your matrimonial regime (liquidation du régime matrimonial) must be carried out. This involves determining:

• What constitutes joint property (to be divided in half)
• What belongs to each spouse’s separate property (taken back by each spouse)
• Any compensation (récompenses) owed by the community or to the community

Change of regime. You are free to change your matrimonial regime by notarial deed (Article 1397 of the French Civil Code), 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, unless an exception applies. The retroactive effect of the change can indeed be adjusted.

Gaëtan Escudey is available to review your marital situation and explain the practical consequences of your matrimonial regime.

This general information does not replace a consultation: each situation requires individual assessment.