Each month, the “big savings meeting” (capital / radio heritage) answers your questions in the “your questions, our answers” sequence. Our experts – notaries, taxpiens, heritage advisers – support you on all your financial issues. Today, Jean-Pierre wonders if he can “cancel” his marriage contract so that his wife becomes the sole owner of real estate.
Good news: this approach is perfectly possible, but it is not a cancellation per se. “We do not delete a marriage contract, we modify it”explains Thomas Prud’homoz. This change can be done simply before a notary. Several options are then offered to the spouses.
Not a cancellation, but a change in matrimonial diet
Create an ACCUTE company : In this case, we keep the regime of separation of goods, but we create a “pocket” of community, in which one or more determined goods can be placed. For example, Jean-Pierre could integrate the apartment concerned with this acquisition company, to make it common. “It is a flexible solution, quite simple to set up”specifies the notary.
Opt for the universal community : This regime pools the entire heritage, past and to come. It therefore makes it easier to transmit all of the goods to the surviving spouse, provided you add the right clause. Whatever the regime chosen, it is indeed important to provide a full attribution clause to the surviving spouse, or at least one preciput clause. The latter allows the surviving spouse to collect one or more property from the community above all shares with the other heirs, according to his choice.
