French lawyer change of matrimonial regime Cannes in French Riviera

Alexandra Etasse, in charge of the International Department of Etasse et Associés will assist you in estate planning, since internationally it can be even more important than in a national context; to hand down your estate properly, it is necessary to plan and control how it is transferred. In addition, Alexandra Etasse will advise you on the best way to anticipate the sometimes complex problems related to the existence of foreign legal vehicles (for instance, trusts), international tax issues, or your desire to protect your spouse or your heirs. We will prepare the deeds of transfer of your property. 

In an international context, husband and wife have the option of changing at any time the law applicable to their matrimonial regime. However, this choice is circumscribed by and limited to the following laws: -          that of the State of which one of them is a national, -          that of the State in which one of them is habitually resident at the time of the choice, -          that of the State where the immovable assets are located, but only in regard to these assets. This change of applicable law must result from an instrument executed in the form of a marriage contract. It may need to liquidate the previous regime. Steps to publicise such a change are necessary for opposability against third parties

In France, Notaires have exclusive authority for preparing and drafting  deeds of sale. Once you have chosen a property and agreed on the purchase price, you will typically be asked to sign a preliminary contract which may be drafted by an estate agent or by the notaire. You will also be required to pay a deposit, usually 10% of the purchase price. There is a mandatory cooling off period of ten  days during which the purchaser may withdraw. As part of the sale process, the seller is required to arrange for a number of inspection reports on the property The main reports currently produced relate to  : Asbestos , lead , termites , energy efficiency , environmental, mining and industrial risks , gas installations, electrical wiring, septic tanks. After the preliminary contract has been signed, the notaire will check : -that each contracting party is qualified and empowered to sell or purchase the property - that the seller has a valid title to the property - that the title of ownership does not contain any easements or restrictions, - that no mortgage or charges exist over the property and that all rights of pre- emption have been waived. After completion, the Notaire is responsible for having the title deed recorded at the Land Registry. Finally, consideration must be given at an early stage to who is going to purchase the property. The answer to this question will depend on the personal circumstances of the purchaser, the situation regarding inheritance taxes and the legal implications arising from the purchase.  Please feel free to contact Alexandra ETASSE before signing the preliminary contract to obtain further information and to analyse together what is the most suitable ownership arrangement for you in the purchase of a property in France

In an international context, the future spouses will need to anticipate the issue of determining their matrimonial regime. To this end, the international department of ETASSE et Associés advises its French clients living abroad or foreign clients living in France, in order to determine the most suitable matrimonial regime for their situation. Only a marriage contract may guarantee spouses the legal security and stability in an international context. For spouses already married, the international department assists them with any change in the applicable law or regime. 

To watch the video of the interview with Ms. Alexandra ETASSE on the role of the notary, notary's fees and buying property, follow this link 

The deceased's family record book and marriage contract, if any. An extract of the deceased's death certificate.  An authentic copy of the judgement of divorce or legal separation, if any An authentic copy of any gift between spouses the deceased may have formalised Any will the deceased may have drawn up, or name and address of the person who may have said will within their possession. All savings accounts. The bank information for each of the banks within which an account is opened in the name of the deceased and their spouse in the case of shared assets (including any joint bank accounts). Any registered or bearer securities at the place of residence. All documents pertaining to all pensions and retirement benefits received by the deceased or their spouse. The registration certificates for all vehicles belonging to the deceased and their spouse, in the case of shared vehicles. All information and documents concerning any receivables. Any life-insurance policies taken out by the deceased or their spouse (in the case of shared policies). Information on all property owned:  Authentic copies of all real estate acquisition deeds All leases and information on the rentals granted. The latest insurance premium receipts for the buildings. Name and address of the property manager.  Name and address of the property management company All information on the deceased's debts, i.e. all bills paid after their death for expenses incurred before their death: -           + Last illness costs. -           + Funeral expenses. -           + Loans. -           + Last tax notice. -           + Wealth tax. + Property tax. -           + Local tax.  + Miscellaneous bills.  Any information on the benefits the deceased may have received as part of social assistance or the National solidarity fund.   You will also need to provide all information on any gifts made to their children during the marriage, as well as on any gifts or estates received by the deceased or their spouse during the marriage, and on any sale of private property having belonged to the deceased. Depending on the nature of the deceased's assets, additional documents may be required