Go Back   British Expats / Living & Moving Abroad / Europe / France

Reply
 
Thread Tools
Old Jan 6th 2017, 11:37 am   #1
dmu Female
Lost in BE Cyberspace
 
Joined: Apr 2008
Location: Hérault (34)
Posts: 6,442
dmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond repute
Default "Partner" status in France - a possible Sticky?

A recent thread on another forum has prompted me to warn of the risks that couples who are not legally bound (married or pacsed) run in France.
French Inheritance Laws have often been mentioned here, they are definitely unfriendly to non-related heirs, with 60% Inheritance Tax on the value of a bequest for a named heir, to be paid within a few months, and no inheritance at all if the partner dies intestate. A financially disastrous situation for the surviving partner.
There are other financial considerations to take into account in the event of separation. The father would still pay for his child(ren)'s maintenance, but if the couple weren't legally bound, he wouldn't be obliged to pay alimony for the mother. If she doesn't work, she would be virtually without resources, with no healthcare coverage straight away.
In addition, if property is involved and it isn't jointly owned, and the owner decides to sell after the separation, the other partner would be homeless and, if dependent and without resources, would find it impossible to rent elsewhere.
These are worst-case scenarios which might affect either partner, but dependent women in particular should make sure of their legal protection in case their couple separates in the future, or their partner dies.
IMHO, the best solution is to get married or pacsed if you intend to live in France forever more. If not, at least consult the Notaire dealing with a house sale as to the best way of protecting your mutual interests.
Fore-warned is fore-armed!
Additions and corrections welcome!
dmu is online now   Reply With Quote
Old Jan 20th 2017, 8:12 pm   #2
Just Joined
 
Joined: Jun 2016
Posts: 21
Petefinny is an unknown quantity at this point
Default Re: "Partner" status in France - a possible Sticky?

Quote:
Originally Posted by dmu View Post
A recent thread on another forum has prompted me to warn of the risks that couples who are not legally bound (married or pacsed) run in France.
French Inheritance Laws have often been mentioned here, they are definitely unfriendly to non-related heirs, with 60% Inheritance Tax on the value of a bequest for a named heir, to be paid within a few months, and no inheritance at all if the partner dies intestate. A financially disastrous situation for the surviving partner.
There are other financial considerations to take into account in the event of separation. The father would still pay for his child(ren)'s maintenance, but if the couple weren't legally bound, he wouldn't be obliged to pay alimony for the mother. If she doesn't work, she would be virtually without resources, with no healthcare coverage straight away.
In addition, if property is involved and it isn't jointly owned, and the owner decides to sell after the separation, the other partner would be homeless and, if dependent and without resources, would find it impossible to rent elsewhere.
These are worst-case scenarios which might affect either partner, but dependent women in particular should make sure of their legal protection in case their couple separates in the future, or their partner dies.
IMHO, the best solution is to get married or pacsed if you intend to live in France forever more. If not, at least consult the Notaire dealing with a house sale as to the best way of protecting your mutual interests.
Fore-warned is fore-armed!
Additions and corrections welcome!
Hi excellent post, what would happen to your children if your not married to your partner but have children, How would your assets be passed along to them ?

Thanks
Petefinny is offline   Reply With Quote
Old Jan 20th 2017, 10:19 pm   #3
dmu Female
Lost in BE Cyberspace
 
Joined: Apr 2008
Location: Hérault (34)
Posts: 6,442
dmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond reputedmu has a reputation beyond repute
Default Re: "Partner" status in France - a possible Sticky?

Quote:
Originally Posted by Petefinny View Post
Hi excellent post, what would happen to your children if your not married to your partner but have children, How would your assets be passed along to them ?

Thanks
Hi, do you mean "have children" with your partner, or from a previous relationship? In any case your French assets would go to them equally, with or without a Will - idem for their mother's assets.
There's quite a big allowance for children before they pay a small percentage of Taxe de Succession. The 60% mentioned concerns named heirs who aren't related to the deceased, and the allowance is quite small.
dmu is online now   Reply With Quote
Old Jan 21st 2017, 7:51 am   #4
BE Forum Addict
 
Joined: Jan 2012
Location: Dépt 61
Posts: 3,049
EuroTrash has a reputation beyond reputeEuroTrash has a reputation beyond reputeEuroTrash has a reputation beyond reputeEuroTrash has a reputation beyond reputeEuroTrash has a reputation beyond reputeEuroTrash has a reputation beyond reputeEuroTrash has a reputation beyond reputeEuroTrash has a reputation beyond reputeEuroTrash has a reputation beyond reputeEuroTrash has a reputation beyond reputeEuroTrash has a reputation beyond repute
Default Re: "Partner" status in France - a possible Sticky?

As dmu says. Don't worry about the kids! French law is all about protecting blood relatives so if you are named on their birth certificates, they are your "protected heirs" and you can never disinherit them.
That's the whole point of the Napoleonic code really. If you are unmarried partners with kids, then each partner's estate, when he/she shuffles off, will go to his/her own kids with minimal if any succession tax to pay, and the surviving partner will at worst inherit nothing, or at best inherit a certain amount (but not a "controlling share") and pay 60% of that amount in succession tax.
And if not all the kids belong to both partners, as you can see it will get even more complicated. Each child is a protected heir of its own natural mother and father, be they together or apart, and a non-relative (i.e. 60% succession tax) of any unmarried partner of either of their natural parents.
EuroTrash is offline   Reply With Quote
Reply

Go Back   British Expats / Living & Moving Abroad / Europe / France


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



All times are GMT. The time now is 7:36 am.


Powered by vBulletin: ©2000 - 2017, Jelsoft Enterprises Ltd.
© 1999-2010 BritishExpats.com