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Marriage and PACS

Marriage contracts and matrimonial regimes in France: choosing and changing

Every married couple in France is subject to a matrimonial regime (régime matrimonial), which decides who owns the property acquired during the marriage, who can dispose of it and how it is divided on divorce or death. Couples choose their regime in a marriage contract signed before a notary; without one, the French default regime applies, provided French law governs their marriage. International couples must first establish which law applies, which depends on the date of the marriage and on where they first lived. This page also covers the civil partnership (PACS).

The four French matrimonial regimes

The default regime is community of acquisitions (communauté réduite aux acquêts). Property acquired by either spouse during the marriage, including savings from earnings, belongs to both; property owned before the marriage or received by gift or inheritance remains the personal property of each spouse. On dissolution, the community is shared equally.

Separation of property (séparation de biens) keeps the two estates apart: each spouse owns what they buy alone, and property bought together is jointly owned in the proportions stated in the deed. Participation in acquisitions (participation aux acquêts) works as separation during the marriage and shares the increase in wealth at its end. Universal community (communauté universelle) pools all property, present and future, and is often combined with a clause giving the whole community to the survivor.

Some rules apply whatever the regime: each spouse contributes to the expenses of the marriage, the family home cannot be sold or let without the consent of both spouses (article 215 of the Civil Code), and both are jointly liable for household debts.

The four French matrimonial regimes
RegimeProperty acquired during the marriageTypical situation
Community of acquisitions (default)Common to both spousesCouples without a specific professional risk
Separation of propertyOwned by the spouse who acquires it, or jointly by the proportions in the deedEntrepreneurs, second marriages, separate finances
Participation in acquisitionsSeparate, with a claim to share the increase in wealth at the endCouples seeking independence and fairness at the end
Universal communityAll property is common, whatever its originOlder couples seeking to protect the survivor

Making a marriage contract

The marriage contract (contrat de mariage) must be signed before a notary by both future spouses, before the wedding (articles 1394 and 1395 of the Civil Code). The notary gives the couple a certificate for the registrar, and the marriage certificate refers to the contract. It is wise to meet the notary several weeks before the wedding, so that the choice can be discussed calmly.

Each regime can be adapted: a clause allowing the survivor to take the family home before any division (préciput), a pool of shared property added to a separation of property, exclusion of professional assets, unequal shares. The notary's fee is set by the regulated tariff at €188.68 before VAT when the value of the declared property does not exceed €30,800, and becomes proportional above that amount.

Changing your regime during the marriage

Spouses can change or adapt their regime at any time, in the interest of the family, by a notarial deed (article 1397 of the Civil Code). Since the law of 23 March 2019, no minimum period of marriage is required. Adult children are notified personally and creditors through a published notice; they have three months to object.

Court approval is needed only if an objection is made. When the couple has minor children, the notary may refer the matter to the family court judge if their interests are seriously at risk. The change often accompanies a new stage of life: setting up a business, retirement, a second marriage, or a move to or from France.

International couples: which law applies?

When one spouse is a foreign national, when the couple married abroad or first lived outside France, the law governing the regime must be identified before anything else. For spouses married since 29 January 2019, EU Regulation 2016/1103 applies in the participating Member States, including France: failing a choice, the law of the spouses' first common habitual residence after the marriage governs, then that of their common nationality, then the law of the State with which they have the closest connection. That law applies even if it is the law of a non-EU country, such as the United Kingdom or the United States.

For marriages celebrated between 1 September 1992 and 28 January 2019, the Hague Convention of 14 March 1978 applies. Failing a choice, the applicable law may change automatically, in particular when the spouses have lived for more than ten years in a new country: a couple married abroad in 2005 and living in Chartres since 2012 may thus be governed by French law for acquisitions made since 2022, often without knowing it.

Spouses may designate the applicable law, choosing the law of the habitual residence or of the nationality of either of them, in a dated and signed document; a notarial deed secures that choice and records it. Our French guide on the regime of international couples sets out the detail.

International couples: which law applies?
Date of marriageApplicable textLaw applying without a choice
Before 1 September 1992French conflict-of-law rules (case law)Law intended by the spouses, presumed from their first marital home
1 September 1992 to 28 January 2019Hague Convention of 14 March 1978Law of the first habitual residence after the marriage, with exceptions and possible automatic change
Since 29 January 2019Regulation (EU) 2016/1103Law of the first common habitual residence after the marriage, without automatic change

The PACS, France's civil partnership

The civil solidarity pact (pacte civil de solidarité, or PACS) is a contract between two adults who organise their life together. Partners may register it at the town hall or with the notary who drafts their agreement. With a notary, the agreement costs €101.41 including VAT, plus a registration duty of €125.

Unless they opt for joint ownership of the property they acquire, partners keep their property separate. For tax purposes, they are treated like spouses: joint income tax, exemption from inheritance tax between partners, and an allowance of €80,724 on gifts. Under civil law, however, a partner inherits only under a will, since the law gives the survivor only a right to live in the home free of charge for one year. A will is therefore essential for partners.

Protecting the surviving spouse

The regime and the gifts between spouses work together. A préciput clause lets the survivor take a designated common asset, often the main residence, before the estate is divided; a clause giving the whole community to the survivor transfers all the common property. These benefits come from the matrimonial regime and are free of inheritance tax. Children of a previous relationship may, however, challenge an excessive benefit (article 1527 of the Civil Code).

The gift between spouses (donation au dernier vivant) widens the survivor's rights in the estate and leaves the choice until the day of death. Life insurance completes these tools. Our page on gifts and estate planning explains how they combine, and our page on inheritance for non-residents covers the law applying to the estate itself.

Questions

Frequently asked questions

We married abroad without a contract. What is our regime?

It depends on the date of your marriage, where you first lived together and any choice you made. A couple whose first home was in France is in principle governed by French law and therefore, without a contract, by community of acquisitions. A couple who first settled abroad is often governed by a foreign law. We establish your position from your civil status documents and dates of residence.

Can we choose French law for our marriage while living abroad?

Yes, if one of you is a French national or has their habitual residence in France when the choice is made. The choice is made in a dated and signed written document, ideally a notarial deed, which may also set out the French regime you prefer. We can receive it remotely: see remote notarial signing.

Does our regime matter when we buy property in France?

Yes. The deed of sale states your regime, and it decides who owns the property. A spouse married under community of acquisitions who buys with personal funds, such as an inheritance, should declare their origin in the deed so that the property remains personal. Our page on buying property in France describes the purchase process.

How do we prove our regime to a foreign bank or notary?

The notary provides a certified copy of your marriage contract or of your designation of the applicable law. When the regime is governed by a foreign law, a certificate of custom drawn up by a lawyer of that country may complete the file. For use abroad, an apostille or legalisation may be needed, depending on the country.

First meeting

Let us look at your situation

At the office, 7 rue Vintant in Chartres, or by video call from wherever you live.