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Marry or not to Marry.. That is the question?


miss spiring

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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? 

Kiss [kiss]

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[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!)
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[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.

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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!

 

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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[:@]
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[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=32

Here'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 wishes

http://www.totalfrance.com/france/forum/viewtopic.php?t=19671&highlight=inheritance+tax+changes

 

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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]

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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?

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