How moving to France may affect your matrimonial property regime

A move to France can affect the law governing a couple’s property, sometimes without a new agreement being signed. Review the applicable regime before a purchase, gift, separation or death brings it into play.

Before buying, giving away or passing on an asset, a married couple needs to establish which property belongs to each spouse. The applicable law is not necessarily the law of the country where the wedding took place. The marriage date, any choice of law or agreement, and the couple’s residence history all help determine the answer.

In short

Marriage creates property-law consequences even without a signed agreement, and moving to France does not automatically apply the French default regime: the marriage date, the couple’s residence history and any later choice decide which law governs.
From a French perspective, the Hague Convention of 14 March 1978 is particularly relevant to marriages from 1 September 1992 to 28 January 2019, and in defined circumstances connected with habitual residence it can change the applicable law without any act, notification or consent.
Under the French default community regime, many assets acquired during marriage are jointly held, while pre-marriage assets and gifts or inheritances generally remain personal; a name on a title is useful evidence but does not alone settle ownership.
The regime determines what belongs to each spouse, and therefore what is in the estate on a death; the notaire establishes that position first, then the succession law and any protected inheritance rights under it.

How the applicable law can change on its own

Under the Hague Convention, in defined circumstances connected with the couple’s habitual residence, the law applicable to the matrimonial property regime can change by itself, without any act, any deed, any notification and any consent. A couple who married in one country and later settled in another can therefore find that their regime has changed, that assets acquired before and after the change fall under different rules, without receiving a notification, because no formal act was required at the time.

From a French perspective, the Hague Convention of 14 March 1978 is particularly relevant to marriages from 1 September 1992 to 28 January 2019. Earlier marriages follow the earlier conflict rules; EU Regulation 2016/1103 governs applicable-law questions for spouses marrying, or specifying the applicable law, from 29 January 2019. A later choice therefore matters as well as the wedding date. Ask the notaire to identify the framework before describing the regime.

Ownership of assets acquired during marriage

Under the French default community regime, many assets acquired during marriage are jointly held within the marital community, while pre-marriage assets and gifts or inheritances generally remain personal. The source of the purchase money and declarations in the deed can also matter. A name on a title is useful evidence, but it does not alone answer every ownership question.

The consequences reach further than divorce. The regime determines what belongs to each spouse, and therefore what is in the estate on a death. Establish that first, then identify the succession law and any protected inheritance rights under that law. French forced-heirship rules for foreign residents explains the position where French law applies.

What can be done, and when

A choice of applicable law or a change of regime may be possible within the relevant rules. Bring an existing foreign agreement to the notaire before replacing or restating it. Translation, legal effect and recognition against third parties are separate questions; a French document is not automatically required simply because the original was signed abroad.

Review this before a purchase, gift or succession plan so that the documents reflect the ownership intended. If an asset has already been bought, the review remains useful: the notaire can establish the existing position and explain any action available.

What to establish, in this order

The date and place of the marriage, which decides which set of rules applies. Whether a marriage contract was signed, where, and what it says. Where the couple has been habitually resident since, with dates. What was owned before the marriage and what has been acquired since, and by whom. And whether anything has been bought in France already, because a purchase made under the wrong assumption is the hardest item to correct.

Determining the law applicable to a matrimonial property regime is a technical question that depends on the date of the marriage, on the couple’s successive residences and on any contract signed, and it cannot be settled from a general page. The consequences reach ownership, divorce and succession together. A notaire is the professional who establishes the position and draws up any change; this firm identifies the question, assembles the file and works alongside them, and does not draw up deeds.

References cited

Convention de La Haye du 14 mars 1978 (régimes matrimoniaux)

Frequently asked questions

We signed nothing when we married. Do we have a regime?

Marriage creates property-law consequences even without a signed agreement. Establish which law governs them using the marriage date, residence history and any later choice. Do not assume that moving to France automatically applies the French default regime.

Can our regime really change just because we moved?

It can in certain cases governed by the Hague Convention, but not for every marriage or every move. The dates, residence history and any agreement determine the answer. Different rules govern later marriages and choices of law under EU Regulation 2016/1103. Review the full history before concluding that a change occurred.

Is our foreign marriage contract still valid in France?

It may remain effective. Give the notaire the agreement and any later amendments so that its applicable law, form and effects can be checked. A translation or supporting formalities may be needed; this does not necessarily mean signing a replacement agreement.

Why does this affect inheritance as well?

First establish what belongs to each spouse under the matrimonial-property rules. Succession law then determines how the deceased’s property passes. The children’s reserved rights depend on the succession law and relevant cross-border rules, rather than automatically on the French regime.

We bought an apartment in one spouse’s name. Is it theirs?

The deed is part of the evidence, but the applicable regime and source of funds also matter. Ask the notaire to examine those together, including any declaration about the use of personal funds. The answer cannot be inferred from one name alone.

ÉTHIQUE ET PATRIMOINE, a French simplified joint-stock company (SAS), registered office at 41 rue Saint-Ferdinand, 75017 Paris, France, Paris Trade Register no. 803 414 796, VAT no. FR 40 803 414 796, registered with ORIAS under number no. 24001817 (www.orias.fr) — Financial investment adviser (CIF) no. 18002418, member of ANACOFI-CIF, a professional association approved by the Autorité des marchés financiers, and Anacofi-Courtage for its brokerage activity. Presence: Paris, Montpellier, London, Singapore, Hong Kong, Bangkok, Shanghai and Dubai.

Check my matrimonial position

Book a call

Written by Stéphane Molère, President of Éthique et Patrimoine — page last reviewed on 2026-09-15 — reference date for the rules: 2026-09-07.