Understanding the Different Matrimonial Property Regimes in France

A matrimonial property regime is the set of legal rules that governs how assets and debts are owned, managed, and divided between spouses during marriage, as well as upon its dissolution (divorce, death, etc.).

In France, several regimes exist, each offering specific rules adapted to the couple’s needs and circumstances.

1. The Default Regime: Community of Acquests (Communauté réduite aux acquêts)

1.1 Principle

This is the regime that applies automatically to couples who do not sign a prenuptial agreement.
It has applied to most married couples in France since February 1, 1966.

1.2 Classification of Assets

Separate property:

• • • Assets owned before marriage
    • Assets received as a gift or inheritance during marriage
    • Certain personal items

Community property:

• • • Assets acquired for value during marriage (purchases, investments, etc.)
    • Salaries and earnings of both spouses
    • Income generated from separate property

Summary Table

1.3 Management and Debts

• • • Each spouse manages their own separate assets freely.
    • Community property may be managed by either spouse for routine matters, but major acts (e.g., selling or mortgaging property) require joint consent.
    • Debts contracted for family needs are shared, but some personal commitments bind only the spouse who entered into them.

2. Separation of Property (Séparation de biens)

2.1 Principle

Under this regime, each spouse retains ownership, management, and exclusive enjoyment of their assets, whether acquired before or after marriage.

There is, in principle, no community property or debt, except for household expenses and child-related costs.

2.2 Characteristics

• • • Exclusive ownership of all assets, regardless of when or how they were acquired
    • Independent management of assets by each spouse
    • Each spouse is liable only for their own debts, except household debts

This regime is often recommended in cases of independent professional activity or blended families.

3. Universal Community (Communauté universelle)

3.1 Principle

All assets, whether acquired before or during marriage, are jointly owned, unless specifically excluded by agreement.
Spouses may provide that all community property will pass to the surviving spouse upon death.

3.2 Characteristics

• • • Comprehensive pooling of all assets and debts, except where excluded
    • Often combined with a clause granting full ownership to the surviving spouse, deferring succession issues until the second spouse’s death
    • Tax advantages in spousal inheritance, due to the full exemption from inheritance tax

3.3 Considerations

This regime is generally recommended for couples without children or with adult, financially independent children.
It may present risks for blended families or children from a prior relationship due to inheritance consequences.

4. Participation in Acquests (Participation aux acquêts)

4.1 Principle

This regime functions as a separation of property during marriage.

However, upon dissolution (divorce or death), each spouse is entitled to half of the increase in value (enrichment) acquired by the other during the marriage.

4.2 Characteristics

• • • During marriage: each spouse manages property independently
    • Upon dissolution: equal division of the value of enrichment realized during marriage

5. Community of Movables and Acquests (Communauté de meubles et acquêts)

This older regime, now rare, still applies to couples married before February 1, 1966, who have not changed their regime.

All movable property (e.g., furniture, securities) is community property, even if owned before marriage or received by inheritance or gift, unless otherwise stipulated.

6. Changing the Matrimonial Property Regime

Spouses may change their matrimonial property regime at any time after two years of marriage, subject to certain substantive conditions (mutual consent, benefit of the family, protection of third-party rights) and formal requirements (notarial deed, judicial approval in case of objection, and publication).

7. Comparative Overview of the Regimes

Conclusion

The choice of a matrimonial property regime has a significant impact on asset management, protection of the spouse and children, and inheritance planning in the event of divorce or death.

It is therefore essential to seek advice and consult a notary or legal professional to determine the most suitable regime for your situation.