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, Camille seeks to reserve her property for her two children and to dismiss the children of her husband whom she no longer sees.
Separate heritage to avoid unpleasant surprises
Camille’s situation is frequent in blended families. “”In principle, when there are children of a first bed, the community of goods are greatly advised against ”, Recalls Thomas Prud’homoz, associate notary at KL-Consign. Indeed, in the community regime, the goods acquired during marriage are deemed common, and are divided in two to the succession.
A first solution is to change the matrimonial regime to go into separation of goods, which allows everyone to maintain a separate heritage. But beware: “Going from a community to a separation of goods is more complicated than the reverse, hence the principle that by default, it is always better to make a separation of goods”specifies the notary.
Write a will to protect your children
Fortunately, even without changing the diet, Camille can already act. His own property-that is to say those she owned before marriage or received by donation or inheritance-do not enter the succession of her spouse and go directly to her children.
For half of the common goods that belong to her, she can write a will to reserve the share for her children. “She can even deprive her rights spouse in her own succession, using the available quota for the benefit of her children”adds Thomas Prud’homoz. In summary, a well -written will will already allow him to protect his children. For more serenity, she can also consider a change of matrimonial regime in order to completely dissociate her property from those of her husband.
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