Anticipating the consequences of your death helps ensure that your relationship or family will be properly protected in the future. However, it is possible to improve the minimum measures provided for by law by making certain adjustments.
● 1. What solutions to protect your spouse?
The first consists of adapting your matrimonial regime.
“When the latter includes a community, the surviving spouse owns half of the common property, even if he did not participate in its financing. Mechanically, the larger this pocket of community, the better the survivor is protected
,” explains Arlette Darmon, notary in Paris and president of the Monassier group. It is thus possible to adjust your regime by providing a so-called “preciput” clause, which gives the survivor the possibility of taking, upon the death of their spouse and, before the division of the estate, one or more common assets, such as the accommodation. This then becomes its exclusive property and is not transmitted to…
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