What are the legal consequences of purchasing a property in France as a married couple?
Legal Consequences of Purchasing a Property as a Married Couple
When a married couple purchases a property, the legal consequences of this transaction largely depend on the matrimonial regime chosen by the spouses.
Buying a property as a married couple does not automatically mean that the property will be jointly owned. However, if the couple has not chosen a specific regime (i.e., they did not sign a prenuptial agreement), the property will automatically be considered jointly owned, unless one spouse acquires it using their own personal funds (assets acquired before the marriage, received as a gift or inheritance) and explicitly states that they do not wish the property to be included in the community property.
If the couple is married under the separation of property regime, each spouse owns a share of the property based on the percentage indicated in the deed of purchase. However, for this acquisition, the spouses may choose to create a “société d’acquêts” (a special legal arrangement) that allows them to classify the property as jointly owned.
In any case, the joint ownership status of a property impacts the rights of each spouse during the marriage, in the event of divorce, or in the case of death. Opting for joint ownership can provide better protection for the surviving spouse.
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