An important note: this regime does not prevent the bride and groom from buying real estate together, such as the acquisition of real estate. This is called “undivided” ownership. But beware, in order to avoid disputes in case of divorce, it is necessary that the deed of sale clearly indicates the contribution of each individual to the purchase of the property: the amount of the contribution and the share of the repayment of the mortgage. After marriage and the conclusion of a marriage contract, all property purchased by the couple must be allocated exactly to one or other of its members. Each of them will be the sole owner of the property he has purchased. However, some household assets require solidarity between the members of the couple: this is particularly true for the family home and expenses related to the education of children. Separation of property applies to mixed families, especially families with children from different marriages. In this way, everyone can pass on their inheritance to their children and avoid the risks of co-ownership in the future. In order to promote proof of ownership of property between spouses, rules of evidence may be included in the marriage contract to facilitate the recovery of each spouse`s personal property upon dissolution of the marriage or to benefit one of the spouses by issuing a title deed for property that did not belong to him. These rules have the advantage of giving ownership of assets a specific date, but are not enforceable against creditors.
By simply stating in the marriage contract that these assets belong, for example, to the wife, it would not be sufficient to divert certain assets from the property of the husband who would be the debtor. For these reasons, it is sometimes wise to include an inventory in the marriage contract. There are two main types of separation of property: if two partners sign a Civil Solidarity Pact (PACS), separation of property automatically applies, unless otherwise provided in the contract. Everyone is therefore the sole owner of the property he owned before the PACS and the property he will buy as part of living together under the PACS regime. The Civil Solidarity Pact stipulates that if one of the partners does not prove that he or she is the owner of a particular property, it is considered to be the property of both parties. However, you and your spouse must first settle your family inheritance. The latter requires you to divide the value of certain assets equally. Under this regime, the spouses thus retain their full patrimonial independence.
However, it is possible to include in this contract a clause on the pooling (partnership of conquests) of certain assets, such as the family home. Each spouse has a complete management of his assets: each can manage his assets autonomously, including his financial accounts, and therefore consider as part of his personal inheritance the bank accounts opened in his name. He can sell his property: the consent and consent of the spouse are generally not required. Legal separation occurs when a judge releases a couple from the obligation to live together at the time of marriage. In this case, the separation of property necessarily follows from the separation of legal persons. Both spouses, who remain married until divorce, must then determine who owns the property acquired since the beginning of their life together. The judge decides on the treatment of children and the allocation of apartments that are part of the property on which a couple can be in co-ownership, which means that they do not enter a priori into the regime of separation. It is important to remember that in the regime of separation of property, taxation is not separate. As in the case of property, debts incurred by one of the spouses before or during the marriage remain theirs, regardless of the cause or origin of these debts.
Co-ownership creates solidarity between PACS partners. It corresponds to the system of marriage in the community, which is equivalent to the conquests of married couples. This system can be chosen during the PACS registration period or later via a revised agreement. Thus, all movable or immovable property resulting from the partition agreement is deemed to belong to half of each partner, regardless of his actual financial contribution. However, the asset segregation system does not prevent shareholders from jointly acquiring assets during the PACS. In this case, they become owners, up to their respective share of the real estate financing. Separation of property allows each spouse to retain individual ownership of property acquired before and during the marriage. There is no common heritage.
What are the main features, advantages and disadvantages of this matrimonial regime? How do I apply? Is the marriage contract compulsory? What role does the notary play? What are the consequences for household taxation? We answer all your questions in this comprehensive guide. Everything that is bought during the marriage is common, even if only one of the spouses pays. On the other hand, property acquired before marriage or obtained by gift and inheritance remains the property of the spouse who owns or receives it. The matrimonial property regime may be determined by a notarized marriage contract or by a judgment. The legislation on the separation of property is contained in articles 1536 et seq. of the Civil Code. Article 1536 provides: Under the regime of universal communion, all property which belonged to the spouses on the day of their marriage and which they may acquire or accumulate subsequently by inheritance and donation constitutes a single common property. However, it is possible to exclude certain goods.
It is generally recommended that partners draw up a list of assets acquired during the PACS, indicating exclusivity or co-ownership of the assets. This avoids disputes during the termination of the PACS. When you separate from your spouse, everyone keeps their property as long as they prove ownership. Even though income is included in the list of assets to be separated between the members of the couple as part of the separation of property, income tax differs slightly from the strict rule. Indeed, even under this regime, marriage presupposes the creation of a new tax budget. As such, the couple is taxed on the basis of a single taxable income that is added to what each member of the household earns. The taxation of a couple in the context of separation of property is also based on joint taxable income. There is one exception: if the spouses do not live under the same roof, each is taxed with his or her own income. If the choice of legal system is not enshrined in the PACS Convention, the division of property prevails. The system creates a watertight boundary between the assets of each partner: the assets acquired during the PACS are strictly confidential. No matrimonial regime being perfect, here are the main disadvantages of the separation of property: regime of separation of property, universal community, regime of participation in conquests: the marriage contract makes it possible to prepare together his civil status.
Nothing is pooled. This marital status makes it possible to distinguish what each spouse has on the day of the wedding, but also what he will acquire next, the property, the investments and all that his inheritance will bring him. All property that was in possession before or after the marriage remains the property of the spouse, as well as his salary or income from his property. By default, the matrimonial regime that applies to couples who have just contracted a marriage or PACS is that of the community. Therefore, if the couple wants to pass under the regime of separation of property, they must draw up a marriage contract before a notary. This document then explicitly states that the property that each owned before the union remains his property, not that of the household, and that everyone is responsible and sole owner of the property he will buy after the marriage. Whatever the scheme chosen, the property (housing, furniture, financial assets, etc.) acquired by the couple before the conclusion of the PACS remains the exclusive property of both. The same applies to salary, pension or any other additional income (rent, etc.).