"Not everything that's yours is necessarily mine".

What is a couple's own property?

When you marry, unless you have signed a contract with a notary, the matrimonial regime of community of property reduced to acquests applies automatically. No formalities are required, as stipulated by law. A distinction is made between 3 types of property
- Mr. or Mrs.'s own property held before the marriage and that acquired by gift or inheritance during the marriage;
- community property purchased during the marriage, known as "acquêts de communauté", hence the name "régime de la communauté réduite aux acquêts".

Personal property therefore includes movable property (a business, for example) and immovable property (an apartment, for example) owned by each spouse on the day of marriage. This also includes inherited property. It is normal for parents' assets to remain in the family after their death. If the parents make a gift of property, it will also be considered as private property, unless there is a stipulation in the deed that it be placed in the community. Property that is "proper" by its very nature, as defined by the French Civil Code, should also be distinguished. They are called "propres" because they are attached to the person.

Is it possible to buy property during a marriage?

It is indeed possible to acquire an own property during marriage. This happens when the property in question is an accessory to an own property, such as an outbuilding added to a house. Article 1406 of the Civil Code stipulates that two conditions must be met for accessory property to qualify as own property: an intentional element, such as the acquisition of property with the intention of assigning it to the service of a principal own property; and an objective element with a link of economic dependence. The property acquired may also replace an own property through subrogation. Furthermore, if the assets acquired are financed with own funds, a declaration of use or reinvestment must be made. This can be a clause inserted in the deed of acquisition, detailing the origin of the funds and expressing the intention to use them as own property. The spouse's agreement is not mandatory.

What happens to the property in the event of divorce or death?

Beware of investments made during the marriage, whether made alone (Livret A, PEA, etc.) or jointly (bank accounts, etc.). Whatever their method of funding, and barring exceptions, they are considered joint property and belong to both spouses. In the event of divorce or death, each spouse recovers half. In the case of life insurance policies, in the event of divorce, each spouse will receive half. If the life insurance policies were taken out with personal funds, and this was specified at the time of subscription, the policy will belong to the person who financed it.

Stéphanie Swiklinski