miss spiring Posted January 18, 2008 Share Posted January 18, 2008 Can anybody help? I am a 50 something single lady with two grown up children and currently own a property in France and in England. I have met someone whilst in France and am considering marriage. My only concern is that the gentleman has six grown up children from a previous marriage. I have worked very hard all my life and if anything was to happen to me, i would want my two children to receive my estate, with provision for my partner to stay in the house as long as he lives. Is this possible within French Law? Link to comment Share on other sites More sharing options...
cooperlola Posted January 18, 2008 Share Posted January 18, 2008 Before anybody else says it... talk to a notaire. But in general, inheritance is linked to consanguinity, not marriage, so you are probably fine and what you want is precisely what would happen. Link to comment Share on other sites More sharing options...
woolybanana Posted January 18, 2008 Share Posted January 18, 2008 Marriage contract Link to comment Share on other sites More sharing options...
cooperlola Posted January 18, 2008 Share Posted January 18, 2008 [quote user="woolybanana"]Marriage contract[/quote]Pardon, woolyb? Link to comment Share on other sites More sharing options...
Anton Redman Posted January 18, 2008 Share Posted January 18, 2008 You can choose how property is treated on marriage in France by choosing which regieme you elect to live under. That process is described as choosing the matrimonial regieme / marriage contract. Might also be worth comparing with being PACT. Link to comment Share on other sites More sharing options...
cooperlola Posted January 18, 2008 Share Posted January 18, 2008 [quote user="Anton Redman"]You can choose how property is treated on marriage in France by choosing which regieme you elect to live under. That process is described as choosing the matrimonial regieme / marriage contract. Might also be worth comparing with being PACT.[/quote]Gotcha! Notaire's the first step then, I guess, in this case? (I am genuinely interested in the answer for personal reasons - and no I'm not changing o/h's - the same one for 34 years is enough!) Link to comment Share on other sites More sharing options...
woolybanana Posted January 18, 2008 Share Posted January 18, 2008 Marriage contracts ( called stupidly pre nuptial agreements in the Anglo-Saxon world) should take care of any problems you might have as regards any estate you have before you marry.Is marriage essential? Why not live happily and sin maximinally? Link to comment Share on other sites More sharing options...
zeb Posted January 18, 2008 Share Posted January 18, 2008 [quote user="woolybanana"]Is marriage essential? Why not live happily and sin maximinally?[/quote]I didn't have any choice but to marry. The bank (LCL) kept airbrushing my name off the cheque book! Link to comment Share on other sites More sharing options...
woolybanana Posted January 18, 2008 Share Posted January 18, 2008 Separate accounts are legal in France. Scream at the bank. Marriage is a last resort Link to comment Share on other sites More sharing options...
Rob Roy Posted January 19, 2008 Share Posted January 19, 2008 [quote user="woolybanana"]Separate accounts are legal in France. Scream at the bank. Marriage is a last resort[/quote]I agree with woolyb. (even though I've been married 35 years) with regards to France. I was horrified to find that if I wanted a bank loan through my account, using my wages, I still had to get my husband to sign the forms (not that it was a secret, just the principle that he had to be involved). Similarly if he went off and opened several accounts,spending money left right and centre and then did a runner I would be responsible for his debts! You are better off as a single woman in France, especially if you have been used to being independent. Link to comment Share on other sites More sharing options...
Wendy Posted January 19, 2008 Share Posted January 19, 2008 Separate accounts are legal???...this is new to me woolyb. Two years ago my credit agricole account was some 30 euros overdrawn - the bank manager actually called my partner and informed him!! He asked my OH what was HE going to do about MY account!!I duly attended the branch, settled the overdraft and told Monsieur le Manager EXACTLY where to shove his nose. I closed the account soon after.The bloody hide of him! Link to comment Share on other sites More sharing options...
Rob Roy Posted January 19, 2008 Share Posted January 19, 2008 I suppose in theory the accounts are separate - but the French banking system don't seem to know that women are now allowed to vote, work outside the home and earn their own money without reference to their husbands! But then it is such a basically chauvanistic country that we shouldn't be suprised[:@] Link to comment Share on other sites More sharing options...
Albert the InfoGipsy Posted January 19, 2008 Share Posted January 19, 2008 [quote user="miss spiring"] I would want my two children to receive my estate, with provision for my partner to stay in the house as long as he lives. Is this possible within French Law? [/quote]Up until recently I'd have said you're on a hiding to nothing, but I believe that the law has changed to allow what you want under certain conditions.The basic law on inheritance is that when a person dies certain relatives are guaranteed a share of their property. If you get your regime matrimoniale wrong then if you die first your house would be split between your husband and your sons. That also means that the inheritance tax liability gets split the same way.If you set up your marriage correctly you can ensure that your husband gets the whole house without any inheritance tax liability. Normally, however, his children would then expect to inherit the house leaving yours out in the cold.I'm pretty sure that under recent legislation children can renounce (in advance, not after the parent dies) their rights to inherit which would make it possible for your children to inherit.All that said, you definitely need to talk to a French lawyer and make sure you have everything tied down tight.This link may be useful, but I think it's out of date. http://www.totalfrance.com/france/fiches.php?fiche_id=32Here's another one. The bit you probably want is section 3.In future an heir will be able to step back in favor of anybody he wisheshttp://www.totalfrance.com/france/forum/viewtopic.php?t=19671&highlight=inheritance+tax+changes Link to comment Share on other sites More sharing options...
woolybananasbrother Posted January 19, 2008 Share Posted January 19, 2008 I can only reiterate what my late beloved brother said: don't marry, living in sin is so much more fun and simpler[6] Link to comment Share on other sites More sharing options...
miss spiring Posted January 21, 2008 Author Share Posted January 21, 2008 Thanks for your advice. I may end up living in sin as Wooleybanana recommended. Once again thanksMiss Spiring Link to comment Share on other sites More sharing options...
cooperlola Posted January 21, 2008 Share Posted January 21, 2008 [quote user="miss spiring"]Thanks for your advice. I may end up living in sin as Wooleybanana recommended. Once again thanksMiss Spiring [/quote]Much easier to trade him in too, should you wish! Good luck, whatever you decide. Link to comment Share on other sites More sharing options...
woolybananasbrother Posted January 21, 2008 Share Posted January 21, 2008 Nobody ever traded in my brother. Though those who got his organs did pay a premium as he had a heart of gold etc.Miss Spring, sin is so much fun.Seriously, when you reach a certain stage in life, by which I mean a certain level of baggage, it is better not to marry as the system in general does not cope unless you are 19 years of age with stars in your eyes.I once contemplated making a making a lucky lady very happy but realised that if either of us bugg§§§§ off this mortal coil then a lot of children or grandchildren from a spray of more or less legitimate relationships stood to be made very unhappy. Whilst I am not soppy about my kids, they certainly do not deserve to be disinherited or have their inheritance diluted.So Babe, just put your lips together and blow. See if 'Steve' is up to it.[6] Link to comment Share on other sites More sharing options...
Wendy Posted January 21, 2008 Share Posted January 21, 2008 Wooly B's bro - I just hope you made that 'lucky lady' happy in certain other ways if not with matrimony[:)]There ARE better things in life[:D] [:$]Where is Wooly B for that matter?...[8-)] Link to comment Share on other sites More sharing options...
woolybananasbrother Posted January 21, 2008 Share Posted January 21, 2008 He has passed over BUT, after a long and slightly tedious session on the ouija board last night I have received full instructions as to how to proceed, as well as an assessment of the characters of some of the more notorious posters. What a gossip my brother was. Dont worry, I will carry on his work to the full.[6] Link to comment Share on other sites More sharing options...
cooperlola Posted January 21, 2008 Share Posted January 21, 2008 [quote user="Jura"]Wooly B's bro - I just hope you made that 'lucky lady' happy in certain other ways if not with matrimony[:)]There ARE better things in life[:D] [:$]Where is Wooly B for that matter?...[8-)] [/quote]His member died....http://www.completefrance.com/cs/forums/1137890/ShowPost.aspx Link to comment Share on other sites More sharing options...
woolybananasbrother Posted January 21, 2008 Share Posted January 21, 2008 Be careful, the last three posts are deviant and will be removed with cleavers, like th corgis privates. (but only in France.)[6] Link to comment Share on other sites More sharing options...
Wendy Posted January 21, 2008 Share Posted January 21, 2008 Really? I thought you only had Conservatives in the UK...this is France! The President de la Republique Francaise is raking around Europe with his impregnated Italian ex-model companion causing all manner of problems for those prim and proper keepers of the Queens accommodation in the UK when he visits there soon. I would have thought the French invented the word 'deviant'...until the British Royal Family, i.e Charles and Camilla, came along. Perhaps I am wrong? Link to comment Share on other sites More sharing options...
woolybananasbrother Posted January 21, 2008 Share Posted January 21, 2008 Utterly[6] Link to comment Share on other sites More sharing options...
Iceni Posted January 22, 2008 Share Posted January 22, 2008 [quote user="woolybananasbrother"] ......... but realised that if either of us bugg**** off this mortal coil [/quote]What's your secret woolybees ? For us mere mortals it's a case of "when" not "if".John Link to comment Share on other sites More sharing options...
woolybananasbrother Posted January 22, 2008 Share Posted January 22, 2008 Anything like my ex and much hated mother-in-law goes on forever. Still, if she goes there will be Mafia like verification with a hot poker then a paaaaarrrrrty.And yes, she is a French speaker so this is relevant[6]We Bananas are the true Phoenixes (pronounced feenix, not any other way, pleeze!) Link to comment Share on other sites More sharing options...
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