A provision of the finance act 2019, nearly passed unnoticed, makes the change of matrimonial property regime more expensive.
Since 2006, the transition to a community system was free, besides the cost of the drafting of the document by the notary public (approximately 450 euros). A provision of the finance law for 2019, nearly passed unnoticed, puts an end to this exemption.
It provides that the acts evidencing a change of matrimonial property regime shall be subject to the fixed duty of 125 euros and the tax of land publicity at the rate of 0,715% when real property is contributed to the community. “This represents an additional cost 3700 euros for a building worth 1 million euros (125 euros fixed fee and 3575 euros of tax of land publicity, calculated on the half of the value of the property brought to the community), explains Benjamin Spivac, engineer heritage in Amplegest, a management consulting firm heritage.
Improve the protection of the spouse
The choice of a matrimonial regime is not definitive. It is always possible to make changes or even change it completely. These developments are often motivated by the desire to improve the protection of the surviving spouse, outside of probate. When one of the spouses exercises a profession which is independent, in particular, it is common that the couple has chosen the regime of separation of property to protect the heritage of the other. Reverse of the medal : the enrichment of the one does not benefit the other, and both spouses may find themselves in the end-of-life professional with heritages unbalanced.
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To correct the shot, if the spouses wish to remain under the regime of separation of property, they can create a partnership of acquests, in which a person who is rich will bring all or part of its own property.
The benefits of a community system
Another more radical solution, the couple can adopt a community system, the community reduced to acquests (all income and property acquired during the marriage are joint property, the property acquired before or received by donation or inheritance remain with one’s own) or that of the universal community (all the goods are common). These strategies allow them to extend matrimonial benefits (such as a clause préciput which allows for an ownership of a property before the sharing of the community), this does not allow the separation of property.
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the Main interest of these matrimonial advantages : they accumulate with the legal rights of the surviving spouse in the estate and will not enter into consideration during the division of the estate, or to calculate the share of each heir, or to judge if the reserved portion has been met.
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Good news : this provision will only enter into force as of January 1, 2020. In other words, the notarial acts passed up until December 31, 2019 remain exempt. It is therefore now or never the time to realise a change of matrimonial property regime.