The type of union in which we register may have serious consequences on the constitution of its heritage.
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You have decided to settle with your half, do not do this big step without reflection upstream. Because the legal status of your couple will have serious consequences on the heritage of each.
In France, there are two types of legal regimes: the first so-called “Communautaires” bring together marriage in reduced community to the acquests, the one used legally in France by default, and the universal community. The second, called “separatists”, bring together the marriage in separation of goods, the PACS and the concubinage. Another regime, the community with participation in the acquests, very little used in France, is mixed and works as a separation of goods by dissolving itself as a community.
Each regime makes the distincto between the own goods, which remain the personal property of each of the two and that it should not be shared in case of divorce or death, and the common goods, which belong to each of the two for half, even if only one helped them constitute them.
With separatist regimes, no community exists, all properties remain clean. The universal, minority community in France and adopted by some very old couples, is the exact opposite: all the heritage is brought together. Finally, the legal regime is distinguo between its own goods, acquired before marriage or received by donation or succession, and the common goods, won (labor income and common and clean patrimonies) and acquired during the marriage.
The worry with these rules? “A lot of couples live in separation of goods while they act as if they were in community or get married in community and manage their money as if it were clean,” says Nathalie Couzigou-Suhas, notary in Paris. Even now: it is often during a divorce or separation that ex-partners discover the heritage consequences of their choice. And often it is the women who suffer from the couple. “In 1998, heritage inequalities between men and women in a relationship were 9%, they went to 16% in 2015,” says Marion Leturcq, researcher at the National Institute of Demographic Studies.
A very paradoxical observation, because this quasi-doubly took place while more and more women work and that wage differences are reduced slightly. However, it is a fact, the couple men accumulate more heritage at the expense of their half. One of the explanations to this phenomenon is to look for the legal side. Because if, in 1998, 80% of married couples put their property in 2015 they are only 70%. The reason ? The separation regimes of goods, PACS and concubinage are gaining ground in the younger generations. “Many couples remain in concubinage or are peaceful and, when marry, they choose more and more often the separation of goods”, notes Arlette Darmon, president of the MonaSahier group. However, if they have the advantage of never mixing the heritages and income of each, they are also the least protectors for the spouse who stops working, or mid-time to raise children, C ‘ is often the woman.
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