Marital regime and house buying

[Mr Huge]

My wife and I are buying a house in France. We are in our first (and only) marriage, and we have no children. When I come to shuffle off my mortal coil I want my wife to inherit the house, no ifs or buts or taxes. And the same if she goes first. In the compromis the notaire says that we buy in the following manner: "acquiert la pleine propriete indivis a concurrence de la moitie" then my wife "a concurrence de l'autre moitie." He assures us this will give us what we want, although elsewhere I have heard of tontines and "donation entre epouses." Are we going to be OK?

[EuroTrash]

AFAIK there is no inheritance tax between spouses, period, no matter how a property is bought or what marriage régime you are on.

Since your situation is so straight forward I don't see any point at all in complicating it with "tontine" clauses or donations, there is no need and nothing to be gained.

The only thing to consider in your situation, I think, would be what would happen if the marriage were to end. Obviously no couple wants to envisage that situation but should it arise, you would both need to be protected.

[Loiseau]

The "donation entre époux" is only relevant if you have children, and would be worth doing if you do have any in the future - but not until/unless.

If there are children, on the death of the first spouse the survivor picks up around 75%, but the children HAVE to inherit most of the remaining 25%. This could pose problems, as they could either pressure their parent to sell or, conversely, block a sale the survivor wished to make.

A "donation entre époux" does not prevent the children ultimately inheriting, but it does guarantee the surviving spouse can live in the house, with all its furniture, for their lifetime if they wish to.

It is not expensive to do, and it doesn't have to be done at the same time as the house purchase.

(The above is based on my experience of 15 years ago, so please correct me if anything has changed since.)