Would you like to change your matrimonial regime? Is it sometimes interesting to change your matrimonial regime? What are the steps to be taken?
Plan de l'article
All about changing the matrimonial regime
Top 5 Reasons to Change Marital Diet
So what is the point of changing the matrimonial regime? Often the spouses are married under the regime of the legal community, having not made a marriage contract by choice of simplicity, however events may justify the willingness to change their matrimonial regime
1. Protecting your spouse from your personal creditors.
You want to create a corporation, choose the property separation regime, your future professional creditors will not be able to pursue your spouse’s property if your corporation accumulates debts.
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2. To deprive your spouse of the right to your company or
company If you wish to fund your company through your salaries, you are the sole partner of that company, however under a community regime, earnings and wages are common property and your spouse will be able to claim partner status. Thus before the creation of a society it is interesting to move towards a regime of separation of property.
3. Giving benefits to your spouse
If you have made the choice of the property separation regime, you may find it unfair after a long life together that your spouse is not benefiting from your wealth and personal resources.
So you can change your matrimonial regime and decide to go under a legal community, legal community or equity equity regime.
4. Make a personal debt financed by your spouse
The Community Regime universal means that your personal debts will be common debts, so your spouse can be sued by your creditors.
5. Reduce your solidarity tax on wealth
Under a property separation regime and if you do not live under the same roof as your husband, there will be two tax homes at the SFI.
So if you have a personal wealth of €1 million and your husband also has a wealth of €1 million, under a community regime you are indebted to the ISF (threshold of 1.3 million exceeded) whereas if you are under a separatist regime and you do not live under the same roof, none will be taxable to the SFI.
How to change the matrimonial regime?
What are the conditions to change your matrimonial regime?
A period of 2 years to be respected
Spouses are only allowed to change their plan matrimonial only after 2 years of application of their former regime. You must wait 2 years from the date of your marriage or the last change in your matrimonial regime.
Pass before notary
The amending agreement of your matrimonial regime must be made by notarial deed.
Possible approval of the judge
As a matter of principle, no judicial approval is required. However, in two cases it will be necessary to proceed to the approval of the agreement by the judge:
- If you have minor children, you will have to go through the probate of the judge.
- If you have children of age who are opposed to the project, you will need to obtain certification of the change in matrimonial status by the IMT of your home.
Publication in a legal advertisement journal
Your creditors will need to be notified in advance of the proposed amendment by publishing a notice in a newspaper authorised to receive legal announcements in the borough or department of your home.
How much does it cost me to change my matrimonial regime?
The costs of the notary
The notary’s fees are set at around €250 incl.
Please note, if you choose that a property owned by you will return to the community, your notary will charge a fee proportional to the value of the transferred property (usually 0.271% of the value of the property).
The notary will also have to liquidate your old matrimonial regime, the price of this liquidation will vary depending on the consistency of your wealth, you must count at least 400 euros.
By choosing to switch from a community regime to a separation of property regime, you will have to proceed with the division of community assets, the notary will calculate emoluments on value. of your common wealth (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 it is the notary who will complete this formality.
Legal fees in case of judicial probate
If judicial approval is required it will be presented by your lawyer.
Do you want to change your matrimonial regime? Contact a lawyer in your area belonging to the AGN network, advise you, optimize your heritage situation and rely on the AGN Lawyers Notarial Network to make this change.