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Are you a couple, married for a few years, and you've never signed that famous marriage contract at the notary's office? Don't worry, you're not alone! In fact, this is the case for the majority of couples in France.
But here's the thing: what happens if one of you dies? Who inherits what? Does everything automatically go to your other half, like in the movies? Spoiler alert: not really.
So, settle in with a nice cup of coffee (or tea, we don't judge), and let's figure it out together. We're going to talk about heritage, without falling asleep. I promise.
Let's start at the beginning: if you got married without signing a contract, don't panic, the law has a plan B for you. We call it the legal regime, or more precisely, the community of property regime. It's a bit like buying a wedding dress : we don't always think about the option of adjustments, but fortunately, there's always a solution. Yes, it's a bit pompous, but stay with us.
What does that mean? Everything you bought or earned after marriage (wages, house, car, Nespresso machine, etc.) belongs to both of you . And everything you had before marriage (inheritances, old furniture from Grandma, childhood savings) remains personal .
So, when there is no marriage contract, this is the regime that applies. And it is from there that we will determine who inherits what if, unfortunately, one of the spouses dies.
So no, the widow or widower does not automatically become the owner of all joint property. And no, it's not like in American series where "everything goes to the spouse." France likes nuances (and taxes, but that's another story).
The important thing to remember is that the surviving spouse only receives their share of the joint estate. The other half belonged to the deceased spouse, and it is this half that is passed on to the heirs.
And who are these heirs, exactly? Spoiler: it depends on the family situation.
This is the most classic configuration: you had children together. In this case, the surviving spouse has the choice (yes, yes, they are given a little decision-making power).
He can choose between two options:
Either he keeps the usufruct of half of the deceased's property (basically, he can continue to use the property, but is not the full owner)
Either he chooses full ownership of a quarter of the deceased's assets
The remaining three-quarters (or the bare ownership if it is the first case) goes to the children.
Concrete example:
You have a house worth €300,000. It belongs to both spouses 50/50. When one of them dies, €150,000 remains to be divided. The spouse can therefore recover:
Either the usufruct of this half (he can live there or rent it)
Either full ownership of €37,500 (1/4 of €150,000)
The rest goes to the children. And so they become (a little too early) co-owners with their parent. Great atmosphere!
Ah, blended families… it's like lasagna: everything is layered. And legally, it's a little spicier.
If the deceased had children from a previous union , then the surviving spouse loses the choice . He cannot opt for usufruct.
He automatically receives a quarter of the deceased's assets in full ownership . The rest goes to the deceased's children, including those he had with you.
In short: in a blended family, the spouse is less favored. No more nice options, the law rules without appeal.
This is where things get a little more freestyle. If the couple doesn't have children, who inherits? We enter the very private club of collateral heirs (it sounds like a rock band, but it's just the parents, brothers, sisters, nephews, nieces, etc.). It's a bit like choosing a bohemian wedding dress : not necessarily what you'd expect, but nevertheless, it's an alternative that has its charm.
The surviving spouse inherits:
Half of the deceased's property if both of the deceased's parents are still alive
3/4 of the assets if only one of the two parents is alive
Of all things , if the parents are deceased and there are no brothers or sisters
But be careful, if the deceased had brothers or sisters , the law provides for a somewhat twisted exception: family property (those inherited by the deceased from his parents) can return to the brothers and sisters , even if there is a surviving spouse.
Yes, we know, it's weird. And no, you're not the one who's delusional.
If the deceased really has no children , parents , brothers or sisters , nephews or nieces , then yes, the spouse inherits everything .
And it's rare, but it happens.
No need to look any further: in this case, you become the sole legal heir.
Okay, so you get it: without a marriage contract, the rules are set, but they're not always very advantageous. If you want a little more control over what happens after you, a will is your friend .
It's often thought that wills are for old people, those with a library full of dusty books and a cat named Maurice.
But not at all! If you want your spouse to have a little more than the bare minimum provided for by law, you can mention it in a will. For example, you can give them the disposable portion, that is, the share of your estate that you can freely allocate (without harming your children). It's a bit like choosing a princess wedding dress : you can customize it to your taste, while respecting certain limits.
In the presence of children, this quota is:
1/2 if you have a child
1/3 if you have two children
1/4 if you have three or more children
It's not a lot, but it's still something. And it avoids a lot of arguments.
No one wants their death to spark trench warfare between their spouse and their children or stepchildren. By getting things out in black and white, you limit unpleasant surprises.
And then, between us, it's not very complicated: a holographic will (written by your hand) is often enough. No need for a notary, parchment, or a signature in gold letters.
We return to our starting point: the marriage contract. This little piece of paper that so many couples ignore, just like the mermaid wedding dress they sometimes choose without thinking about what comes next, can actually be a game-changer in the event of death.
With a marriage contract, you can choose another matrimonial regime, such as:
Separation of assets : each person keeps what belongs to them. Very useful for entrepreneurs or those who want to avoid confusion of assets.
Universal community : All property belongs to both spouses, including pre-marital property. This is ideal for protecting the surviving spouse.
In the latter case, if you add a full survivorship clause , then yes, the surviving spouse gets everything . The children only inherit upon his or her death.
But be careful: children don't always like it, especially when they have to wait a long time...
It's a bit harsh put like that, but not entirely false. In the total absence of any provision (neither contract nor will), you let the law decide for you, a bit like choosing a short wedding dress without really thinking about what would suit you best. And the law is not always the best advisor, especially if your situation is at all complex.
So no, it's not Russian roulette in the strict sense (no risk of losing everything), but there is clearly a lack of personalization .
Because, well, inheriting is good... but paying inheritance tax is immediately less fun.
Good news: between spouses, there is no inheritance tax to pay. Zero. Nada.
Even if you inherit a house worth €800,000, you won't pay a cent to the tax authorities. Thank goodness for the law!
On the other hand, if you are not married (cohabiting or in a civil partnership), then... get your checkbook ready. Inheritance tax can go up to 60% for cohabiting partners. Suffice to say, it's better to plan ahead. More information on this topic can be found here .
To answer the question simply: it all depends on the family situation .
Without a marriage contract, the legal regime (community reduced to acquisitions) applies.
And upon death, the surviving spouse never inherits everything , unless there are truly no other heirs .
If there are children, he shares with them.
If there are no children, he shares with the parents or siblings of the deceased.
If there is no one: bingo, he inherits everything.
But in any case, we recommend that you discuss the subject . A quick meeting with a notary, a simple will, or even a suitable marriage contract can save a lot of trouble for those who remain.
And hey, talking about inheritance isn't taboo. It's just a way of saying, "I'm thinking of you, even after me." And that's still classy, right?