Your Cart is Empty
FREE SHIPPING WORLDWIDE
Ah, love... Two hearts beating as one, promises galore, a cozy little nest... and then one day, bam! An inheritance. Well, we don't wish that on you, obviously. But that's also life: knowing what happens when the curtain falls. And if you said "I do" at the town hall without signing a marriage contract, there are a few things you need to know. Because sooner or later, the question of inheritance will have to be settled. Who gets what? Who inherits? And most importantly: will the survivor get to keep the couch and the cat?
Make yourself comfortable, we'll explain everything to you.
When you put on your wedding dress and get married in France without signing anything at a notary's office, you're not in a gray area. You're automatically subject to the community of acquired property regime. Don't run away; it's much simpler than it seems.
Basically, this means that everything you acquired during your marriage , whether it's an apartment, a car, a raclette machine, or savings, belongs to both of you . Also, anything each of you owned before the marriage remains personal.
So if your other half already owned land, a rare stamp collection, or a cellar full of wine before saying “I do,” well, that doesn't count as community property. It's his or hers.
But then, when one of the spouses dies, what happens?
This is where the fun begins (well… so to speak).
Upon the death of one of the spouses, the community is divided into two equal parts. The survivor keeps his or her half of the community. The other half, that of the deceased, is then passed on to his or her heirs .
But be careful, not everything goes directly to the children or the in-laws. The surviving spouse has specific rights . And that's where it all comes down to.
Spoiler alert : yes, the surviving spouse inherits, even without a marriage contract. But to what extent? Well, it all depends on the family context. Because in France, it's not "everything for your darling" —flowing wedding dress or not—it's more like "we share according to the composition of the family."
Hold on, here are the different cases.
You've built a little tribe together? Congratulations. But what happens when one of you leaves too soon?
In this case, the surviving spouse has two options :
Either he or she chooses to receive the entire inheritance in usufruct (that is, he or she can use the property, benefit from it, but without being the full owner).
Either he or she opts for a quarter of the estate in full ownership (so this share belongs entirely to him or her).
And what about the children? They share the rest.
Concretely, if you have three children, and the other half of the community is €100,000, your half remains with you (€50,000), and on the other half, either:
You take €25,000 in full ownership, the children share the €75,000, or €25,000 each,
Or you take the usufruct of the €100,000, and your children become bare owners, that is to say they will become full owners at the time of your own death.
Ah, blended families… Quite a program.
Here, the choice of usufruct disappears . The surviving spouse can only claim a quarter of the estate in full ownership . No more. The children of the deceased (even those born from a previous union) share the rest.
Yes, the legislator has decided not to make anyone jealous: all children are equal before inheritance, whether they are from the couple or not. But this choice can be difficult in certain situations, especially when you live in the family home and it is mainly in the name of the deceased... A situation as complex and demanding as an Empire wedding dress , perfect at first glance, but which requires precision so that everything fits correctly.
Well, this is where it starts to get a little more twisted.
If the deceased had no children, we look at the ascendants and collaterals : parents, brothers, sisters, half-brothers, half-sisters.
In this configuration:
The surviving spouse receives half of the estate ,
The parents of the deceased share the other half (if they are still there),
If the parents are deceased, it is the brothers and sisters who inherit.
But there is a small catch: the surviving spouse cannot be completely disinherited , he or she always keeps at least a portion , unless you have made a very (very) specific will.
And the cherry on top: the surviving spouse also gets the house if he or she lived there with the deceased for at least one year after the death. Not bad, right?
We are entering the genealogical desert. The deceased left no children , no living parents , no siblings ... Nothing. Nada.
In this case, who inherits?
Good news for the surviving spouse: he or she inherits everything, just like a perfectly fitting wedding dress for plus-size women without compromise. Jackpot! This is probably the only case where the survivor doesn't have to share the inheritance.
But this kind of configuration remains rare. And it can quickly pose a problem when heirs emerge from the woodwork: distant cousins, nephews whose existence we had forgotten, etc.
Ah... We're getting off topic, but a quick aside is in order.
If you live with someone, or in a common-law relationship, or in a "each one has their own apartment, but we love each other madly" mode, you inherit nothing . Zero. Even if you were together for 40 years, raised 3 children and adopted a Labrador.
Unless you've made a will. Otherwise, nada. The taxman won't do you any favors, and neither will your family.
So really, if you're not married, make a will . Or go to a notary.
Yes, because all this is very nice, but if you don't prepare for it at least a little, it can quickly turn into a nightmare. It's a bit like choosing a Bohemian wedding dress without trying it on; it may seem perfect on paper, but you never know if it'll really work. So here are some ideas to prevent the living room cat from finding itself at the heart of a succession war.
It's basic, but devilishly effective. Even if you're married, making a will allows you to clarify your wishes , and sometimes go a little further than the law provides.
Be careful though: you can't do everything. In France, there is what is called the "reserved inheritance." You cannot disinherit your children. But you can favor your spouse , for example by bequeathing them the usufruct of certain assets, or a share of the disposable portion (the part not reserved for heirs).
Don't panic, we're not talking about throwing everything away and starting over. But know that after two years of marriage, you can decide to change your matrimonial regime .
You could, for example, switch to universal community , which includes all property in the community, even those acquired before the marriage. With the added bonus of a clause granting full ownership to the surviving spouse . The result: everything goes to Mr. or Mrs., without going through the “inheritance” box.
It's practical, but it must be done with everyone's agreement , including adult children. And it can cost a little (notary, publication, etc.).
We can't say it enough: talk about it . It's not taboo, it's not creepy. It's just responsible .
Put things on the table: who wants what, who keeps what, what happens in the event of death? This avoids a lot of drama, grudges and lawsuits.
And if you have a somewhat complex estate (real estate, businesses, children from multiple relationships, etc.), get help. A notary, a wealth advisor: that's what they're there for. Learn more about the consequences of a marriage without a contract when it comes to inheritance.
If you are married without a contract , you are subject to the community property regime.
The surviving spouse inherits , but not everything (except in very specific cases).
With common children: usufruct option or 1/4 in full ownership.
With children from another union: 1/4 in full ownership, no more.
If there are no children, no parents, no brothers/sisters: bingo, the spouse inherits everything.
To improve the situation of the surviving spouse: will, change of regime, anticipation .
And there you have it, you're now an expert on the subject. You can shine at family dinner (or at least avoid unpleasant surprises). Because even if it's not the most glamorous subject in the world, it's still essential. After all, it's better to plan ahead than to leave your loved one with debts... and your mother-in-law on your back.
Want to know more about wills, inheritance, or exotic matrimonial regimes? Let me know!