- 1 What are the different marital status and the advantages disadvantages of each?
- 2 Matrimonial
- 2.1 Obligations and freedoms of the primary scheme between spouses
- 2.2 The various matrimonial regimes
What are the different marital status and the advantages disadvantages of each?
The tax administration, the single is only a tax household. It must therefore establish only his income tax return even if he lives in concubinage. In the presence of children, the family quotient calculation depends on the situation of the single, living alone or in cohabitation. (Attention if there are children)
Same as single (attention if there are children). Concubinage is a common-law relationship, characterized by a common life with a character of stability and continuity, between two people of different sexes or the same sex, who live as a couple.
Cohabitation does lead to any material or moral duty reciprocal (except common life), no a priori succession, nor no presumption of paternity.
Same as single (attention if there are children)
Same as single (attention if there are children)
Obligations and freedoms of the primary scheme between spouses
Contribution to the expenses of the marriage (feed, maintain and raise their children), mutual help of husband and wife.
Solidarity payment of household debts, that is to say such charges appropriations.
The right of the husband to collect the fruits of his professional activity
The independence of the spouses in the management of personal property
The possibility of opening a bank account only
Conditions to the change of matrimonial regime for the regime of universal community
The amendment of the matrimonial regime may be obtained by the only notarial act.
If the children contest change of matrimonial regime, the Act of the notary is not enough. It must be approved by the judge of the first instance court.
The various matrimonial regimes
Legal community reduced to the acquests
Under the legal system without a contract, each spouse retains ownership of property acquired before the marriage. It's 'own property. " Each also is sole owner of the property personally received as part of an inheritance or a donation. Goods purchased with the proceeds of the sale of one's own remain personal property of the spouse.
All goods purchased during the marriage by one or the other spouse are supposed to belong to both. These "common goods" make up what is called 'the Community '.
This system is well suited to young people who marry without important heritage. There is no need to pass the notary and spend hundreds of extra dollars.
In case of death, the surviving spouse gets half of the joint property without rights to pay.
In case of divorce, the accounts are easy to establish since all goods purchased during the marriage belong half to both spouses.
In case of unpaid creditors of one spouse can enter his own property, but also common goods.
If one spouse buys goods with the proceeds from the sale of one's own, these assets remain his personal property. But only provided that the spouse concerned must specify the origin of the funds. What is not always practical. Consequence: the family of a spouse may hesitate to give donations for fear that these goods enter the community.
In the event of divorce, the accounts are easy to set, but do not always reflect the financial reality of the contributions of each. Which can be difficult to resolve disputes.
Management of common goods can also cause some problems because important decisions (sales, etc) require the consent of both spouses (including after a divorce when the Commons fall in joint ownership).
By contract before a notary, the spouses can also choose a different matrimonial regime.
All property that the spouses have on the day of the wedding, as well as those that they can eventually acquire or collect by succession or donation are common goods.
Spouses married under the regime of the universal community have the ability to insert an assignment clause in their contract. At the death of one of the spouses, the other will recover all or part of the estate of the deceased without inheritance tax to pay.
This advantage has various disadvantages if this system is adopted in the presence of children, because the latter receive only once of low slices of the scale and the relative abatement / child
This scheme allows to transmit to spouse all of his assets without paying inheritance tax. Simply include a clause to full attribution to the survivor.
It avoids any dispute financial since, by definition, all goods are common, without any doubt.
In case of death, the children are harmed.
Example: under the legal regime, an only child receives all of the own property in bare ownership either three-quarters in freehold, the returning balance to the surviving spouse. Under the regime of the universal community, assets are often nonexistent, the increasing part of the surviving spouse.
If the contract contains a clause to full attribution to the survivor, the children receive no inheritance.
The sliding scale of rights of inheritance apply only once to all of heritage parents, died when the surviving spouse. Which increases as the amount of the fees for children.
For this reason, this diet is recommended in the presence of children of a first bed. These can even in principle contest the adoption of such a regime.
Another obvious drawback: all the assets of the couple is engaged with the creditors.
Finally, families of spouses little appreciate this type of plan since the heritage that they pass on to their child will automatically enter in the community, unless otherwise agreed.
Separation of property
All assets that exist on the day of the wedding and all those acquired during it are the exclusive property of their owner.
The purchased jointly belong to both spouses in proportion to the acquired shares which, in principle, correspond to the contributions of each.
Each remains responsible for the debts only.
This scheme separates well the heritages of the spouses, which facilitates family transmissions on the part of the parents.
The creditors of a spouse cannot seize the property of the other spouse, unless it carried joint bond. Which explains that this regime is often adopted by contractors or other professions 'at risk '.
Each spouse retains freedom of decision on his own property, which facilitates the management of heritage without the risk of challenge.
The protection from creditors has a limit. Indeed, they can seize all the property of the spouses when the debts were contracted for the household maintenance or education of children (including taxes or unpaid payroll taxes).
In practice, the spouses separated from goods often do "joint account" during the marriage. Which can be a problem in case of divorce when it comes to clarify the origin of the funds. As the matrimonial benefits brought by this regime can be questioned, as any donation between spouses.
Another disadvantage: in case of death, the surviving spouse can count on its own property to ensure its future since he will receive, in the absence of a will, that quarter in full ownership (or all in usufruct) of the assets of the deceased.
The cost of such a contract is not negligible when the assets at stake are important.
Participation in acquisitions
The matrimonial regime of participation in the acquests is not devoid of qualities and is an interesting compromise between the previous formulas.
The assets of each spouse are made up:
- property owned prior to the marriage,
- acquired own property during the marriage.
- received goods during the marriage, by succession or donation.
The difference between the value of the assets at the time of the marriage and the dissolution is first computed. This difference represents the acquired.
The acquisitions of the two spouses are summed to calculate the increase in wealth of the couple during the marriage.
This increase in wealth is divided into two equal parts and added to the initial assets of each spouse.
Convention of pacs
It is a contract between two major physical people, of different sexes or the same sex, to organize their life together. ACAP involves the signature of a convention, registration and the publication from the registry of the High Court.
The separation of assets of the PACS is the rule. That is, the civil partnership is supposed to have bought only the good (except if the contrary is provided for in the Act).
A PACS partners undergo a common tax from the conclusion of the Pact. Breakdown of the PACS, goods purchased undivided are shared and the others follow the rule of separation of property.
In case of death of one of the two PACS, in principle, the surviving civil partnership does not inherit unless there is donation or testament.