Community of acquired property: the legal regime for spouses married without a contract

If you married without a prenuptial agreement, you are automatically subject to the community property regime. Assets acquired during the marriage through payment (for valuable consideration) are jointly owned. Assets owned by each spouse before the marriage, or received through gifts or inheritance, remain separate property. The debts of one spouse can be shared by both.

This page describes the legal framework as presented on service-public.gouv.fr (information verified on 27/04/2026) and economie.gouv.fr (page dated 03/07/2026). It does not address the content of Law No. 2024-494 of 31 May 2024, cited as a reference by the service-public.gouv.fr information sheet, nor does it cover couples where one spouse lives abroad. These points are addressed in your file.

What the legal system provides

Common goods, private property

Common goods

These are the acquisitions: according to service-public.gouv.fr, movable or immovable property acquired by both spouses, jointly or separately, through payment (for valuable consideration) during the marriage. economie.gouv.fr describes them as "all movable or immovable property acquired during the marriage".

Service-public.gouv.fr also lists gambling winnings, retirement pensions, and savings and investment income among the assets considered community property. Regarding wages, the information sheet states: "If you are married without a prenuptial agreement, your earnings and wages are nevertheless considered community property." economie.gouv.fr provides the general rule: "Income received during the marriage is, in principle, community property.".

Own property

The following are listed as personal property:

• movable or immovable property owned by one of the spouses before the marriage; ;
• property received by gift or inheritance (inheritance or bequest by will) by only one of the spouses during the marriage; ;
• property purchased during the marriage with money from an inheritance or the sale of separate property, on one condition: the origin of the money must be declared in the notarized purchase deed; ;
• certain professional assets necessary for the activity of one of the spouses; ;
• compensation for bodily or moral injury suffered by one of the spouses.

The condition of the third point relates to the act of purchase: the form requires that the origin of the money be declared. This is verified on your file.

Who decides what

Earnings and salaries. They are jointly owned, but the document specifies: "Each of you 2 manages and disposes of your own earnings and salaries." Joint ownership, individual management.

Personal property. Each person manages and disposes of their own property independently.

Documents that require both signatures. The document states that the agreement of both is necessary in certain cases, including the sale, gift or creation of a mortgage on a property that belongs to both.

The family home. Neither spouse can dispose of it alone. The information sheet specifies that this protection applies to the primary residence, that it does not apply to a secondary residence, and that it also covers the furniture in the family home.

Debts

This is the point where the legal regime is most exposing. The information sheet puts it this way: in return for the community property, "the risks taken by one of you (debts) can affect both of you".

For a loan or guarantee by only one spouse, the guide distinguishes between two cases: without the express consent of the other spouse, their separate property and income are at risk; with this consent, jointly owned property is also at risk. Before signing a guarantee or loan agreement, check what the commitment entails for jointly owned property.

When the community comes to an end

According to the guide, jointly owned property is divided in the following cases: divorce, legal separation, death, and change of marital property regime. It describes five steps:

1. inventory of each spouse's separate property and joint property; ;
2. inventory of personal and joint debts; ;
3. rewards between the community property and the separate property of each spouse; ;
4. recovery of each spouse's separate property; ;
5. The community property, assets and debts, are divided equally.

In the event of the death of a spouse, the division of marital assets precedes the probate process. The involvement of a notary is mandatory if real estate is involved. The rules for calculating reimbursements are not detailed in this information sheet; they should be verified in your case file.

Numerical example (fictitious profile)

Situation. Sarah and Paul are married without a prenuptial agreement. Before the marriage, Sarah owned an apartment worth €180,000. During the marriage, Paul received a gift of €60,000. Together, they acquired a house worth €450,000 and accumulated €90,000 in savings. They still owe €150,000 on their joint mortgage. Assumptions in this hypothetical scenario: assets at the time of division, no compensation, no other assets or debts.

Issue. The couple separates and the community property must be dissolved. What does each person receive?

Strategy. Classify each asset: Sarah's apartment and the money given to Paul are separate property. The house, savings, and loan debt are jointly owned. Then apply the equal division of community property and debts.

Result.

The difference between the two lies in their separate property: half of the community property is the same for each. The profile is hypothetical. The calculation ignores reimbursements, notary fees, and taxes. It illustrates the mechanism and does not predict the outcome for your specific situation.

Change your diet

Spouses can change their matrimonial property regime: the information sheet states, "You are free to change or modify your matrimonial property regime." This change is subject to conditions: the involvement of a notary, respect for the family's best interests, and notification of interested parties (particularly adult children and creditors). Court approval is only required if an adult child or a creditor objects. The change is recorded in the margin of the marriage certificate. The procedure is described on a dedicated webpage.

For a marriage contract other than the statutory one, whether before the marriage or to change the regime, the contract must be signed before a notary, and the use of a notary is mandatory (service-public.gouv.fr, Marriage Contract fact sheet). The fact sheet states: "Up to €30,800, the notary's fee is set at €188.68 (excluding VAT)." This page does not provide the fee schedule for amounts exceeding this threshold.

economie.gouv.fr indicates that separation of property is often preferred by entrepreneurs, as it allows them to keep their business assets separate from those of their spouse. This is an alternative mentioned by the source, not a recommendation: the choice depends on your individual circumstances.

What changes depending on your situation

• The origin of the funds used for each purchase: for a purchase with inheritance money or from the sale of personal property, the form requires that the origin be declared in the notarized purchase deed.
• Your professional activity : the record lists among the personal assets certain professional assets necessary for the activity; debts and guarantees are read with the table above.
• The commitments already signed : loans and guarantees, with or without the express consent of the other spouse.
• The presence of a building The agreement of both parties and the involvement of a notary are required.
• Your residence and that of your spouse. The case of international couples is not addressed here.

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