Are you thinking of marrying under the separation of property system? Do many people around you advise you to draw up a marriage contract? What are the real advantages of a marriage in separation of property?

Why choose a marriage based on separation of property system?

1. You have a company or a sole proprietorship

The regime of separation of property is doubly justified if you create a company.

Under the community property regime, if you decide to make a contribution to a company or purchase shares using common property (for example, your salaries), if you are the only partner in the company, your spouse can claim to be a partner. In fact, your spouse has the right to claim the status of partner for half of the shares acquired.

In separation of property, there is no common property, so your spouse will not be able to claim the status of partner.

Then your professional creditors will not be able to sue your spouse for the payment of professional debts. The separation of the two assets allows you to protect your company in case of separation and also to protect your spouse if your company goes bankrupt.

2. You have significant real estate or movable assets

Under the community property regime, your real estate assets acquired before the marriage will remain your own property. However, the income generated by your own property (the rents) becomes common property.

Therefore, we advise you to opt for the regime of separation of property if you have significant rental income.

3. Facilitate the management of your assets

In the regime of separation of property you are free to manage your property as you wish. The only restriction is that you must act together for decisions concerning the family home.

4. Your income remains your property

While under a regime of community your earnings and salaries fall into the common pool, in a regime of separation of property, your salaries and savings remain your own.

5. Buying property in common: the choice of partnership or joint possession

Being in separation of property does not prevent you from buying property with your spouse.

You can arrange this mode of shared ownership by signing a joint possession agreement or by creating a partnership.

Thus, if you wish to buy a rental property together, you can easily create a civil company, and the articles of association of the company will regulate the distribution of powers. Your spouse brings 30% of the funds and will have 30% of the capital, whereas under the regime of the community everything is common so it is the rule of 50%.

6. Reduce the amount of your solidarity tax on wealth

If you do not live under the same roof and you are married under the regime of separation of property, you constitute 2 distinct tax households.

The threshold of 1.3 million euros that makes you liable for the tax on wealth (ISF) will be more difficult to reach alone than with two people. However, you must not live under the same roof.

7. When in doubt, prevention is better than cure

You can opt for a system of separation of property when you sign your marriage contract, and then change your matrimonial regime afterwards. For example, after 10 years of living together, you can change your matrimonial regime to a community regime.

Do you want to make a marriage contract? Do you hesitate about the choice of your matrimonial regime? Contact an AGN network lawyer in your area, they will be able to advise you and secure your patrimonial situation.