Some couples choose not to sign a marriage contract, it is their right. But in some situations, if one of the spouses has an important heritage or a company, it is more prudent to contact a notary.
When two people decide to get married, they must choose a matrimonial regime. During the town hall ceremony, the mayor or his assistant, if it is he who celebrates the union, asked the future spouses if they have established a marriage contract before a notary. It is not an obligation and, in the absence of a marriage contract, the spouses are automatically under the legal regime of the community reduced to the acquests. But you should know that the type of matrimonial diet chosen has pecuniary consequences that can be important, it is therefore advisable to think well.
Without marriage contract, the legal regime of the community reduced to acquests
This is the regime that applies automatically when the spouses have not established a marriage contract. There is no formality to accomplish. In the context of the community reduced to acquests, movable or real estate property acquired by the spouses (together or separately) moderately payment during the duration of the marriage are common goods. Debts relating to the maintenance of the household and the education of children are also common to the couple. On the other hand, the goods acquired by the spouses before marriage are their own, as are the debts contracted before it. It is also possible to amend this regime by specific clauses, we then speak of a regime of the community of acquired acquests.
The universal community regime
According to the Universal Community regimeall goods acquired before or during marriage are common to the spouses. The same goes for debts. In the event of the dissolution of marriage, the heritage is divided into two, and during the death, the spouse inherits half of the heritage, and the other half enters the succession.
The separation of goods
When two spouses are under the regime of the separation of goods, the heritage remain separatejust like debts, except when they focus on cleaning or education of children. In the event of separation, each spouse recovers its own property and the goods purchased in joint possession are shared at the height of the contribution of each. The regime of the separation of goods is particularly aimed at spouses who have different financial situations or when one of the spouses has a company. In the latter case, creditors cannot seize the property of the other spouse to pay the professional debts.
Participation in acquests
This regime is very similar to that of the separation of goods, in any case during the duration of the marriage. When it is dissolved, due to a divorce or a death, the enrichment of the spouses is calculated by the notary and it is divided into two fair parts.
