Married abroad, buying in France: the matrimonial regime question that delays so many deeds

Why does the notaire need your matrimonial regime?

Because the deed must say not only who is buying, but how. The matrimonial regime decides whether the property belongs to one of you, the other, or both; what becomes of it on divorce; what happens on the first death; and who will have to consent on the day you want to sell.

A notaire who wrote "Mr X buys alone" without having established the regime would risk drawing up an inaccurate deed. They will not do it, and they are right. So the question is not an administrative formality: it is a condition of signing.

Which law applies to a couple married abroad?

Not necessarily that of the country where you married, nor that of your nationality. Three sets of connecting rules have followed one another, and it is the date of the marriage that determines which applies to you.

For marriages celebrated before 1 September 1992, the first matrimonial home is sought, that is the country where the couple settled after the wedding.

For marriages celebrated between 1 September 1992 and 28 January 2019, the applicable international convention looks in principle to the first common habitual residence after the marriage, with exceptions turning notably on a shared nationality.

For marriages celebrated from 29 January 2019, the applicable European regulation looks first to the first common habitual residence after the marriage, failing that the common nationality at the time of the marriage, failing that the closest connection.

The result often comes as a surprise. A couple of shared nationality married without a contract, who spent a few months in a third country just after the ceremony, may find themselves subject to that country’s default regime.

What happens when the answer is uncertain?

The notaire asks for a statement of foreign law, often called a certificat de coutume, issued by a lawyer or an authority of the country concerned. It sets out the applicable default regime and its effects.

Obtaining that document takes time, sometimes several weeks, and it is the commonest cause of postponement on this subject. It is entirely avoidable: it is enough to raise the question with the notaire at the preliminary contract stage, rather than three days before the deed.

Can you choose your law, and when?

Yes, within the limits the texts allow, and by a designation drawn up in the required form. A couple may, for instance, designate French law for the future, which durably simplifies matters where the assets are in France.

That choice is prepared with a professional, because its effects reach well beyond the purchase in hand: a future sale, a gift, passing the property on and the tax that goes with it. It is exactly the kind of subject where having your own notaire makes a difference, since it concerns only you and not the sale.