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Marriage Contract

Posted by kastell-880655 - Created: 3 years ago
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10 replies (Showing replies: 1 to 10)

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Posted by Reveuse-918439 - 3 years ago

I don't see why anything should be regarded as being jointly owned if it isn't. A house belongs to the person(s) named is on the acte de vente. If one person's name is on the acte de vente it belongs to that person, if two people are named then it's jointly owned.

Which isn't to say a spouse might not be regarded as having some claim on it or its value, for instance in the case of a divorce but if they don't live in France they wouldn't be getting a divorce in France, and I can't offhand think of any other situation where it might become an issue.

Either way they wouldn't be regarded as jointly owning it in that if the owner wants to sell it (s)he doesn't need the spouse's consent, the owner's signature is all that is needed.

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Posted by kastell-880655 - 3 years ago

Just curious but how does French law regard holiday homes owned by a married non French resident (i.e. an English resident) soley in one name?  Does it still come under their law as being a joint asset?  A friend asked me the other day & I don't know...

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Posted by Reveuse-918439 - 3 years ago

As you say, but that's why the French change their marriage contracts when their circumstances change. In much the same way that people in the UK change their Wills.

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Posted by kastell-880655 - 3 years ago

Personally I prefer the English way, as then it also takes into account circumstances & dependents at the time of divorce / death, so for example the parent who has custody of the children has more rights & the law doesn't go by a contract that could have been drawn up many years ago when things could have been much different - the English way seems much fairer to me.  I will post again if I find that there has been a change to the law.

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Posted by Reveuse-918439 - 3 years ago

Yes I see your problem Kastell. But, since the point is to specify who gets what at the end of the marriage, then everything would have to be detailed sooner or later in any case. In France they do it upfront at the start of the marriage and it's done, then at the end of the marriage everything happens pretty much automatically as per the marriage contract. In the UK, it's left until the end of the marriage is reached and the division has to be hacked out at the time of the divorce or death.

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Posted by buster-784461 - 3 years ago

you can get an english version of the  Notaires web site if that helps.

http://notary-paris.co.uk/family/notaires-help-organize-family-legal-structures/

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Posted by kastell-880655 - 3 years ago

Reveuse, I did go & see a Notaire & was told the process of changing "regime" to their "seperation de biens" was expensive & that the process was similar to getting divorced, we would have employ a solicitor, list all our assets & go before a judge who would decide if change of regime was suitable for our family.  I read this is because we have young children (It is obligatory to go before a judge).  Hence I was hoping what I had heard re being able to opt for your own countries marriage regime was true....

Firestarter if you don't register your marriage in France by default you go onto their regime "communauté réduite aux acquêts" which means that everything bought during your marriage is considered as communaly owned. 

 

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Posted by firestarter-435430 - 3 years ago

It was the Hague Convention contract - advised because at the time there was inheritance tax between married couples and with no children it was apparently the simplest one.  However, to break it, it was necessary to pay a huge amount in tax on my assets!

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Posted by Reveuse-918439 - 3 years ago

France has lots of different options for marriage contracts, in fact you can tweak them to suit, but basically every marriage has to have a contract, you can't just be 'married'. If you were married outside of France, or if you get married in France and don't specify a contract, there is a 'default' regime which you'll be regarded as being on, which as I understand it is a sort of halfway house - what each party brought into the marriage is their own, but everything they acquired since the marriage is owned half and half. If you're happy with that, there is no need to do anything. If that one doesn't suit you, you should change to one that does.

Firestarter, you don't say which regime you got put onto but it sounds as if somebody chose the wrong one for you. 

 

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Posted by firestarter-435430 - 3 years ago

To explain reason for asking, my husband and I were married in UK but advised when buying house to enter into a French marriage contract - turned out to be bad advice and cost me a lot of money to dissolve it.  What would have happened if we'd just stayed with the UK marriage?