Marriage in questions

Marriage in questions

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Every year, around 250,000 couples unite for better and for worse. If this is part of your plans, are you sure you know your rights and duties as a spouse? The turn of your questions with Stéphane Adler, notary.

Is the marriage contract obligatory?

  • No. Only one in ten couples write one. Be aware that if you get married without a contract, you are automatically subject to the community regime reduced to acquests. In concrete terms, your assets acquired before your union remain your property alone, but those acquired during the marriage become common, with the exception of goods received by donation or inheritance.

Is a contract really useful?

  • It depends on your heritage. The marriage contract allows you to manage and organize the property of your property according to your situation, during your marriage, but also after, in case of divorce or death. It is above all to secure your common and / or personal heritage.

I want to write a marriage contract, which one to choose?

There are three types of marriage contracts, it's up to you to choose the one that suits you best:

  • Separation of property : each spouse is the sole owner of the property he acquires during the marriage (income, donations, bequests ...). He manages his property alone, with the exception of the family unit, which can not be sold without the agreement of both spouses even if only one is the owner.
  • Participation in the acquests During the marriage, the spouses are subject to the rules of separation of property. Each manages his personal wealth as he sees fit, with the exception of family housing. This contract is interesting for couples who want to manage their property independently but who, in case of separation, want to compensate the one who has the least enriched.
  • The universal community All assets acquired or inherited by the couple before or after marriage are common, including debts. This plan may be accompanied by a full attribution clause that allows the surviving spouse to remain the owner of the entire estate.

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