Family law, matrimonial regimes and succession
Family law, matrimonial regimes and succession
This domain tests the marriage contract, the default matrimonial regime and its liquidation, then succession: reserve, will forms and intestate devolution. The notary is involved at every stage, so the exam links substantive rules to formalities.
Matrimonial regimes
- The legal regime is the communauté de biens, a community of acquisitions: property acquired during marriage is common, while pre-marital assets and inheritances remain propres.
- Couples may choose séparation de biens, participation aux acquêts or communauté universelle by notarial contract before marriage.
- A change during marriage requires a notarial deed and the statutory formalities, including court homologation where required.
Succession
- Children and descendants are reserved heirs. The reserve is half the estate with one child, two-thirds with two, three-quarters with three or more; the rest is the quotité disponible.
- Wills may be authentique (before a notary and witnesses), olographe (wholly handwritten, dated, signed) or mystique.
- Intestate succession follows the Civil Code order of heirs, with the surviving spouse's statutory rights.
Worked example
A widower with two children leaves his entire estate to his new wife by will. The estate is €600,000. With two children the reserve is two-thirds, i.e. €400,000, so the quotité disponible is €200,000. The will is valid only up to €200,000; each child may claim reduction to recover €200,000.
Traps
Do not treat community property as succession property: liquidation comes first. Do not forget that a marriage contract needs the notarial form, and that a handwritten will must be entirely handwritten and dated.