Couples who married outside France warned over marriage regime changes
A quirk in the law means some marriage regimes have been changed automatically, affecting inheritance and property ownership
Couples in France who were married abroad have been warned by notaires that their ‘marriage regime’ might have changed automatically.
This can affect rules on inheritance and property ownership, as well as what happens in a divorce.
Whether married in France or abroad, all couples are subject to specific rules regarding how property – including homes, money in bank accounts, and businesses – is owned within the marriage and what happens in the case of divorce or death.
It is, therefore, important, if you live in France, to know what regime applies.
Read more: What happens to a French bank account after a person’s death?
Default regime for marriages that take place in France
For marriages that take place in France, the default regime is communauté réduite aux acquêts, in which property acquired after the marriage, excluding inherited property, is jointly owned, whereas each spouse owns individually any property they owned prior to the marriage.
Marriages that took place outside France
Marriages that took place abroad are usually treated by France by the conventions in place in the country in question.
This means, for example, that UK marriages fall under the séparation de biens regime, where each partner individually owns property they paid for or were given, unless a ‘pre-nup’ was made stating otherwise.
The same applies to most US marriages, but Californian ones follow the same rules as France.
Read more: In French inheritance law, what is a pacte de famille?
Automatic changes for couples wed between these dates
One exception relates to marriages that took place between September 1, 1992, and January 29, 2019. This is due to changes in international treaties and rules in force at the time.
In this case, if a couple moves to France, after 10 years their regime is deemed to default to the standard French regime with regard to assets acquired from that point, unless a specific regime was declared at the time of marriage.
This also happens, in the case of these marriages, immediately on moving if both partners are French, or from the time of the nationality change if they both become French.
Many couples do not know what their regime is, which can lead to complications when buying a house or after a death, especially if some of their possessions are subject to a different regime, due to an automatic change having occurred.
The best remedy is to anticipate the change and speak to a notaire.
You can sign an agreement to confirm which regime is applicable and thus avoid the issue of mutabilité automatique (automatic change).
Civil partnerships are not affected by this issue.
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