Family law
You married without consulting a notary, you adopted the legal regime of "community reduced to acquests": everything you buy during your marriage is common, even if you pay it alone. This system finds its limits in the face of a particular family or patrimonial situation (commercial spouse or stepfamily). We must then turn to another status that is better adapted. You have been married for two years: you can change the matrimonial regime by simple notary convention, except if there are minor children, or major children who oppose it. It will then be necessary to obtain the homologation of the Tribunal de Grande Instance.
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Divorce: give preference to divorce without a judge, it's faster
In the four existing divorce proceedings, the law that entered into force on 1 January 2017 added a fifth: divorce by mutual contractual consent, that is to say without a judge. The divorce agreement is countersigned by counsel for each of the two parties. It records point by point all the legal effects of the separation. Then, it is filed in the minutes of a notary. This deposit gives effect to the agreement. A certificate is given by the notary.
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Succession between spouses: consult a notary if you wish to depart from the rule
If you die without a child: your spouse inherits with your parents. If you have children: your spouse inherits with your children and may have the usufruct of all your property. If you have children from another bed: your spouse can not have the usufruct of your property.
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You want your spouse to have more rights in your estate: think about the "donation between spouses"; you want him to collect particular goods, or on the contrary, that he inherits nothing: think of the "Testament".
Succession of a single person or a widower: organize yourself if you want it to be otherwise
• Your Pacs partner does not inherit anything. Think of the Will and / or life insurance exempt from inheritance tax ... even in the absence of any will.
• In the presence of children: they inherit your property.
• In the absence of a child: your parents receive a quarter of the estate each, and the siblings the rest.
• In the absence of children and siblings: your parents each receive half of the estate.
• In the absence of children, parents, siblings (living or represented), the estate is divided into two equal parts: one half for the maternal family, the other half for the paternal family. In each of the two families, the closest heirs inherit: uncles or aunts first, then first cousins.
Think about the "Testament" to override the rule, and / or sell your property in life annuity, which gives you an income until your death, while occupying or not the property.
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Donation: divide your assets between your children during your lifetime
In the presence of several children, the donation-sharing preserves the family agreement after your death and has many tax benefits, including property are assessed on the day of donation. You can make donations by installments, to take advantage of the discounts and thus limit the donation rights.
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The periodicity of the rebates and their amount are not the same in SAINT-BARTHÉLEMY and SAINT-MARTIN. Moreover in SAINT-BARTHÉLEMY, the donee is exempted from any right of donation, in certain cases. Consult your notary.
You inherit property located in SAINT-BARTHÉLEMY or SAINT-MARTIN: pay attention to taxation!
The rules governing the liquidation of inheritance tax are subject to the specific rules of the SAINT-BARTHÉLEMY Tax Code and the SAINT-MARTIN Tax Code. Consult your notary.
Notary's tariff and transparency
Because the notary performs a function of public interest, the remuneration for notarial service is regulated. He must follow the official tariff of Notaries. His emoluments of drafting are proportional to the value to which the act relates; their amount and the method of calculation are fixed by law. Thus, all customers pay the same amount for the same operation, regardless of the complexity of the file. Customers therefore retain the guarantee of predictable and transparent remuneration.
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