Married to French woman but living in UK quesrion about inheritance in case of death.

[Bevdeforges]

What mia said... the OP claims not to have had a contrat and if they were married in France (to please the MIL), then they have a livret de famille that should indicate any contract they had at the time of their marriage.

Under a separation de biens, assets purchased jointly are split according to how much each partner contributed from their own funds. There is no communal funds, like in the default (sans contrat) regime. While this is probably more likely to be contested in a divorce, it could also be contested by the heirs for any items subject to French inheritance law at the time of the death of one of the partners.

But, since only real property located in France should be subject to French inheritance laws so long as the OP is resident outside of France, it should be ok. Still, a check with a Scottish solicitor might be a good idea just to put everyone's mind at ease.
Cheers,
Bev

[parsnips]

Originally Posted by -mia-

The OP has said he has never made a marriage contract and never went to a notaire to make one. By default they are married under "mariage sans contract" which is detailed above. Unless this has changed and wasn't the default regime when they got married. I wonder if this could be the case?

He was married in France so should have a livret de familie.

Hi,
See OP's post 1016h, 05/07/2012 told by notaire he's married under" separation des biens".

[Boristhespie]

I said that the notaire had told my wife that we were married under "seperation biens". I said that at the time we had been asked by village bureaucrat (nightmare jobsworth) if we wanted to have a prenupt to protect our own assets prior to marriage. Well I say asked but he was kind of insistent in case the world would end. The AiDs tests etc were also insistent.

Anyway we declined and instead we wanted no such protection. What was hers was mine and what was mines were hers.

As such we were advised no contract necessary so we never created one. This is why the notaire's advice is a shock.

I am reassured that Scottish assets will be out of this regimes reach. Scottish law is very different in marriage issues to UK law. Indeed the concept of common law wife/husband means you don't even need to be married to gain spouse's rights.

As far as I am aware there is a 50/50 asset division. The idea that if one person contributed more to say a mortgage than the other and therefore their share is more I don't beliee stands up in Scotland and is kind of scary. It certainly does not protect those spouses who have different priorities to earnig. That's how Scots law would look at it and i would assume such a ruling would breach EU laws on equality. (eg what if spouse took break to bring up children, or as is the case with women they tend to be paid less)

My wife does have French bank accounts but I am not bothered re these.

I do think this whole thing whereby family take presidence over spouse is horrendous. Especially given some of the familty I am dealing with.

Again as far as i know if my parents die and i am left the house or part of it then I am certain this would become my wife's (unless otherwise stated in will) on my death. My sister could contest will but the default would be that my wife would inherit.

As long as the French state can't enforce it's nonesense on assets in Scotland I will be happy. We'll see a solicitor at home.

[parsnips]

Hi,
If you have been resident as a couple in a country which is a signatory to the Hague Convention on Marital Property Rights (The UK and France are), for 10 years or more, and have not designated the law of any state or made a contract, then you automatically become subject to the marriage law of your state of residence; also , you can,at any time, designate (presumably before a notary, or scottish equivalent) the marriage law of any state where one of the couple is a national , or any state where one of the couple has their habitual residence.

See here;HCCH | Full text (articles 6 and 7)

IIWY I would see the appropriate lawyer and make such a designation, to be on the safe side.

[Bevdeforges]

Originally Posted by Boristhespie

I do think this whole thing whereby family take presidence over spouse is horrendous. Especially given some of the familty I am dealing with.

Amen to that! It's one of the first big shocks most anglo-saxons (and probably most foreigners in general) have on taking up residence in France.

But I suppose if you're raised on the notion of "family comes first" it does eliminate a certain amount of legal gaming, especially in "recomposed" families.
Cheers,
Bev

[Boristhespie]

But it wholly fails to take into account the needs of a spouse (may have to sell houses or be forced into poverty) and has an unrealistic notion that family somehow contributed to your success financially.

Her family and mine have had no financial input into our lives beyond parents bringing up the kids.

We buy a house together, pay for it, care for it and yet I could be forced to sell it while those who've done nothing benefit. They've never even visited it. None of them. Ever.

Nonsense.

[Bevdeforges]

The French take on family and inheritance is a cultural thing we "anglo saxons" may simply be unable to understand. It has nothing to do with who did or didn't help you attain your financial status. There is also a legal responsibility to contribute to the upkeep of a direct ascendent or descendent if they fall upon hard times - even if you haven't spoken to the person in years.

And, there is some protection regarding the family home for the surviving spouse, though it may be wise to reinforce that with a "donation entre époux" or other type of official document.

Certain things about living in France simply can't be changed, so those of us who choose to live here simply have to learn how to deal with them as best we can.
Cheers,
Bev

[Boristhespie]

As long as their tentacles cannot reach in to our world then fine. I understand the cultural thing but much of French thinking is bureacracy for it's own sake. Even much of the French don't understand or agree with it. The biggest cultural difference I believe is that while we may question things the French (those I know) shrug their shoulders, become resigned and think "there is nothing I can do". It's a generalisation of course but they Aren't really involved.

25 years of france has convinced me of this view. A feeling of resigned helplessness and thoughts of "they know better" (the bureacrat or political elite). That's the largest cultural difference that bugs me. Nothing changes. There's a hint of the caste system.

Still love France though!

I can hear it. Who the hell does this guy think he is. Darn Anglosaxon. (I'm not)

[parsnips]

Hi,
Please reread my post of 1252h yesterday. Once you establish that you are married under UK law (by means of a simple declaration), then both you and your wife's entire estates will fall under UK law, the only exception possibly being any inheritance of hers of french real estate, ,which may be also be restricted by her father's will.