Choosing your matrimonial property regime: community property, separation of property, participation in acquisitions, universal community property

Without a prenuptial agreement, you are married under the default legal regime of community property, without any formalities. For other regimes (separation of property, participation in acquisitions, universal community property), a contract signed before a notary is required before the marriage. You can also change your regime during the marriage, by notarial deed, after informing your adult children and creditors, who have a three-month objection period. This page compares the different regimes on three points: the treatment of assets, the treatment of debts, and the division of property at the end of the regime.

This page does not address the law applicable to couples where one spouse is not French or who are moving abroad: the official information sheet refers this matter to a notary. Nor does it cover the specific tax implications of each marital property regime or the tax implications of changing regimes. These points must be examined on a case-by-case basis.

This applies regardless of the regime

All spouses are subject to a set of mandatory rules, the "primary regime" (articles 212 to 226 of the Civil Code). This includes, in particular, the contribution to the expenses of the marriage.

Among these rules: to sell the family home, the consent of one's spouse is required, even if one is the sole owner. No contract can override the rights and obligations arising from marriage, parental authority, and the legal order of inheritance.

The four regimes in one table

The legal regime: community property limited to acquisitions

This is the regime for couples without a contract. All property is presumed to be jointly owned, unless proven otherwise: the spouse claiming separate property must prove it (invoices, notarial deeds).

Salaries and professional income (including severance pay or retirement benefits), pensions, and savings and investment income are considered community property. Assets owned before the marriage and those received as gifts or inheritances are considered separate property. Property purchased during the marriage with separate funds remains separate property if the source of the funds is declared in the notarized deed of purchase.

Household debts and children's education debts are the joint responsibility of both spouses. A spouse who borrows alone is liable using their separate property and income. Community property is only liable with the express consent of the other spouse. If both spouses act as guarantors, all their assets, separate and community, are liable.

At the end of the matrimonial property regime (divorce, legal separation, death, change of regime), the division of assets between the community property and separate property is settled, and then the assets and debts are divided equally. A notary is involved whenever real estate is concerned.

Separation of property

The assets remain separate. Household debts and children's education debts are the responsibility of both spouses. Other debts are the responsibility of only the one who incurred them.

The Ministry of the Economy cites, among the cases where this regime can be chosen, situations where one spouse is engaged in commercial, artisanal, or professional activity. According to the same source, in principle, debts remain personal. The Service-Public fact sheet on marriage contracts specifies that debts related to household expenses and children's education are the responsibility of both spouses.

Participation in acquisitions

During the marriage, this regime functions like a separation of property. Upon dissolution, the less wealthy spouse is entitled to a participation claim, described by the Ministry of the Economy as "half of the increase in wealth accrued by the other spouse during the marriage." The Ministry's website does not provide a calculation formula.

The notary can include a clause excluding business assets from this calculation. A specific regime for participation in acquisitions exists for Franco-German couples.

The universal community

All property owned before and during the marriage is jointly owned, unless otherwise stipulated in the contract. Personal property remains personal by nature (clothing, jewelry, compensation for moral or physical injury).

A clause granting full ownership of the community property to the surviving spouse can be added to the contract. The official documents consulted do not detail the division of assets at the end of the marriage contract apart from this clause, and this page does not describe it either.

The community of furniture and acquisitions

Service-Public indicates that spouses can also adopt the community of movable property and acquisitions regime, or modify the community of acquisitions regime through clauses (for example, an unequal division of jointly owned assets). The information sheet does not detail these regimes.

The marriage contract: form and cost

A prenuptial agreement is not mandatory. If one is drawn up, it must be signed before a notary, prior to the wedding. The official information sheet advises starting the process several weeks in advance.

For properties valued up to €30,800, the notary's fee is fixed at €188.68 excluding VAT. Above this value, it is proportional to the property value. Additional fees include procedural costs (including registration fees), advertising costs, and taxes.

Changing marriage regimes

Three conditions: the best interests of the family, the consent of both spouses, and the involvement of a notary. Adult children, whether from the current marriage or not, are informed personally, and creditors are notified by a notice in a legal gazette.

Adult children and creditors have three months to object: for adult children, this period begins from the date their parents are informed; for creditors, it begins from the date the notice is published. If an objection is filed, court approval is required. The information sheet specifies that legal representation is mandatory for this approval process.

The change takes effect between spouses on the date of the notarial deed or the court order of approval. With respect to third parties, it takes effect three months after the entry in the margin of the marriage certificate. The cost depends on the proposed change, the composition of the spouses' assets, and the value of the assets listed in the contract. Consult the notary for the cost.

Upon death: the spouse's share and the gift to the surviving spouse

According to the Service-Public fact sheet on gift to the last surviving spouse (verified on 05/10/2026), the surviving spouse is exempt from inheritance tax.

In the absence of a will, the deceased's share depends on the family (see the French Public Service fact sheet on inheritance rules, verified on June 16, 2026): with children from the couple's marriage, the heir chooses between usufruct of the entire estate and full ownership of one-quarter; with children from previous relationships, the heir receives one-quarter in full ownership. Without children, the heir's share depends on the deceased's surviving parents. The fact sheet does not specifically address the case of children from both the couple's marriage and previous relationships combined: have this situation reviewed by a notary. According to this fact sheet, the marital property regime and a gift to the surviving spouse can modify these shares.

A gift to the surviving spouse increases their inheritance share. It is made by notarial deed, at a cost of €135.84 including VAT. It can be revoked at any time. A dedicated page provides further details.

Numerical example (fictitious profile)

Situation. Thomas, a manager, and Claire are married. During their marriage, Thomas acquired €400,000 worth of assets, all registered in his name, using only his professional income. Claire did not accrue any wealth during the marriage. Assumptions: no separate property, no debts, no compensation, no special clauses.

Issue. At the end of the scheme, what does each person receive according to the scheme?

Strategy. Apply the rules described above: joint professional income and equal division (statutory regime), separate assets (separation of property). Regarding participation in acquisitions, the ministry's website does not provide a formula: in this example, where Claire has not increased her wealth, the claim is worth half of Thomas's increase in wealth, according to the ministry's wording.

Result.

Under the statutory regime, professional income is jointly owned and divided equally. Under a separation of property regime, the assets remain in Thomas's estate, as he acquired them solely in his name. Under a participation in acquisitions regime, since Claire has not been enriched, her claim is, according to the Ministry's wording, half of Thomas's claim.

The universal community is not quantified: the official documents read do not describe the sharing at the end of the scheme outside of the full allocation clause.

These profiles are fictitious. The calculation ignores rewards, debts, clauses, and claims between spouses. It does not predict your situation.

What changes depending on your situation

• Your professional activity employee, manager or self-employed professional, with possible professional debts.
• Your assets before marriage : assets owned, gifts or inheritances.
• Your family children, whether common or not, which influences the share of the surviving spouse.
• Your nationality and place of residence : point not addressed here, to be examined with a notary.
• Your wish for the protection of the surviving spouse : clause, gift to the surviving spouse.

The rule depends on your situation. No results are guaranteed.