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How to change your matrimonial regime and at what cost?

You wish to change your matrimonial regime? Which steps should you take?

Everything you need to know about changing your matrimonial regime

Top 5 reasons to change your matrimonial regime

What is the advantage of changing matrimonial regime? Often spouses are married under the regime of the legal community, not having made a marriage contract by choice of simplicity, however events can justify the desire to change the matrimonial regime

1. To protect your spouse from your personal creditors

If you want to create a company, choose the regime of separation of property. Then, your potential professional creditors will not be able to pursue your spouse’s assets if your business accumulates debts.

2. To deprive your spouse of rights to your company or business

If you wish to finance your company through your salaries, as you are the sole partner of the company. Under a regime of community, the earnings and salaries are common property and your spouse can claim the status of partner. Thus, before creating a company, it is interesting to move towards a regime of separation of property.

3. To give your spouse advantages

If you have chosen the regime of separation of property, you may find it unfair after a long life together that your spouse does not benefit from your personal assets and resources.

You can therefore change your matrimonial regime and decide to move to a regime of legal community or joint ownership.

4. To have your spouse finance a personal debt

The regime of universal community allows you to make your personal debts common debts, your spouse can be sued by your creditors.

5. To reduce your solidarity tax on wealth

Under a regime of separation of property and if you do not live under the same roof as your spouse, there will be two tax households for wealth tax (ISF) purposes.

Example: if you have a personal wealth of 1 million euros and your spouse also has a wealth of 1 million euros:

  • under a matrimonial property regime you will be liable for the ISF (threshold of 1.3 million exceeded)
  • whereas if you are under a separate property regime and you do not live under the same roof, neither of you will be liable for the ISF.

How to change your matrimonial regime?

What are the conditions to change your matrimonial regime?

A 2-year period must be respected

Spouses are only allowed to change their matrimonial regime after 2 years of application of their former regime. You must therefore wait 2 years from the date of your marriage or the last amending of your matrimonial regime.

Go before a notary

A notary must sign the amending agreement of your matrimonial regime.

Eventual approval by the judge

In principle, no judicial approval is necessary. However, in two cases it will be necessary to have the agreement approved by the judge:

  • If you have minor children, it will be necessary to go through the judge’s approval.
  • If you have adult children who are opposed to the project, you will have to obtain the approval of the change of matrimonial regime by the High Court (TGI) of your residence.

Publication in a legal newspaper

Your creditors will have to be informed prior to the planned change by publishing a notice in a newspaper authorized to receive legal announcements in the district or department of your residence.

How much does it cost to change my matrimonial regime ?

The notary’s costs

The notary’s fees are fixed at about 250 € including tax.

Please note that if you choose to transfer your own property to the community, your notary will charge a fee proportional to the value of the transferred property (generally 0.271% of the value of the property).

The notary will also have to liquidate your former matrimonial regime, the price of this liquidation will vary according to the consistency of your assets, you should count at least 400 euros.

If you choose to move from a community regime to a separation of property regime, you will have to proceed to the sharing of the community property. The notary will calculate the fees on the value of your common property (normally 0.529% of the assets to be shared).

Registration of the marriage contract

Your marriage contract will have to be registered with the tax authorities. It will cost you 125 euros.

Lawyer’s fees in case of judicial approval

If judicial approval is necessary, your lawyer will be the one to present it.

Do you want to change your matrimonial regime? Contact a lawyer in your area from the AGN network. They will advise you, optimize your financial situation and use the AGN lawyers’ notary network to make the necessary changes.

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