Why and how to change your marital property regime?

Couples’ lives evolve, as do their financial and family needs.

The choice of matrimonial regime is therefore not set in stone at the time of marriage: it can be adapted during the marriage to better protect your spouse, organize the transfer of your assets, or take into account a new family or professional situation.

Changing your marital property regime is a process governed by law, which aims to protect the interests of the family and the children and creditors.

1. Why change the matrimonial regime?

Changing the matrimonial regime can serve several purposes:

- - Adapt the regime to changes in life: Change in professional situation (starting a business, taking financial risks), arrival of children, family recomposition, inheritance, etc.
  - To protect the surviving spouse: Some regimes, such as universal community property, offer better protection to the spouse upon death.
  - Anticipating separation or divorce: A separate property regime (separation of property) can simplify the division of assets in the event of a breakup.
  - Optimizing the transfer of assets: The choice of regime can have a significant impact on taxation and inheritance.

2. Who can request a change in the matrimonial regime?

All married couples, whether under the legal regime (community of property acquired during marriage) or under a contractual regime, may consider a change.

The choice of the new regime is up to both spouses, who must agree to the change together.

Good to know

Since March 25, 2019, it is no longer necessary to wait two years to change the matrimonial regime.

The change can take place at any time, even if there are minor children.

3. What are the steps for changing the matrimonial regime?

Changing the matrimonial regime is subject to a strict procedure designed to protect all family members and creditors.

3.1. Drafting a notarized agreement

- - The spouses must go to a notary, who will draw up the agreement modifying the matrimonial regime.
  - The notarized deed must include the liquidation of the previous regime if necessary, particularly in the case of a change from a community property regime to a separate property regime.

Focus: When is liquidation necessary?

The liquidation of the regime is required if the change involves a division of property (e.g., community property → separate property).

3.2. Notification of the persons concerned

- - Adult children and parties to the original contract: They receive personal notification of the proposed change, with a three-month period in which to object.
  - Minor children or adult children under legal protection: The information is provided to their legal representative, who may also object to the change.
  - Creditors: They are informed by the publication of a notice in a legal gazette and also have three months to object.

3.3. Opposition

Any person who has been informed (adult children, parties to the initial contract, creditors) may object to the change within three months.

3.4. Judicial approval (in the event of opposition or a complex situation)

- - If an objection is raised or in the case of a minor child under guardianship whose representative objects to the change, the family court must be seized to approve the agreement.
  - The judge shall verify that the change is in the best interests of the family.

4. Effective date and enforceability of the change

- - Between spouses: The change takes effect on the date of signature of the notarized agreement or the judgment of approval.
  - With regard to third parties: It takes effect three months after the mention is made in the margin of the marriage certificate, unless the third parties have become aware of it earlier in a document signed with the spouses.

5. Cost of changing the matrimonial regime

- - Notary fees: Approximately €500 for drafting the agreement, but this amount increases if the regime must be liquidated.
  - Additional costs: Any notary fees, advertising costs, registration fees, and lawyer’s fees in the event of judicial approval.

6. Points to consider

- - The change must be justified by the interests of the family.
  - The rights of adult children and creditors are protected by the information procedure and the possibility of opposition.
  - In the event of fraud against the rights of creditors, the latter may challenge the change in the matrimonial regime.
  - Children cannot contest the change by way of third-party opposition, as this right is reserved for creditors.

7. Conclusion

Changing the matrimonial regime is now a simplified process, allowing each couple to adapt their property arrangements to their needs and plans.

It is important to be well informed about the legal and tax consequences of the change.

The assistance of a notary is essential to ensure the security of the transaction, in the interests of the family and the preservation of everyone’s rights.

It is also possible to seek advice and assistance from a family law attorney