Book III: Different ways of acquiring property

Without prejudice to gifts which may be made in the forms and in the cases determined by this Code, the spouses may not make any agreement or renunciation the object of which would be to change the legal order of succession.

They may, however, stipulate that on the dissolution of the marriage by the death of one of them, the surviving spouse shall have the option of acquiring or, as the case may be, having attributed to him or her in the partition certain personal property of the predeceased, on condition that it is taken into account in the estate, according to the value it has on the day on which…

The marriage contract must determine the assets to which the option stipulated in favour of the survivor will apply. It may lay down bases of valuation and terms of payment, except for the reduction in favour of the heirs reserving rights if there is an indirect advantage. In view of these clauses and failing agreement between the parties, the value of the property will be determined by the judicial court.

The option open to the survivor lapses if he has not exercised it, by notification to the heirs of the predeceased, within one month of the day on which they have given him formal notice to take sides. Such formal notice may not be given before the expiry of the period provided for in article 792. When made within this period, the notification constitutes a sale on the day the…

The spouses may declare, in a general manner, that they intend to marry under one of the regimes provided for in this Code. In the absence of special stipulations that derogate from or modify the community regime, the rules established in the first part of Chapter II shall form the common law of France.

All matrimonial agreements shall be drawn up by deed before a notary, in the presence and with the simultaneous consent of all the persons who are parties thereto or their proxies. When the contract is signed, the notary shall issue the parties with a certificate on plain paper and free of charge, stating his name and place of residence, the surnames, forenames, qualities and residences of the future spouses, and…

Matrimonial agreements must be drawn up before the marriage is celebrated and can only take effect on the day of that celebration.

Any changes made to matrimonial agreements before the marriage is celebrated must be recorded by a deed drawn up in the same form. No change or counter-letter is, moreover, valid without the simultaneous presence and consent of all the persons who were parties in the marriage contract, or their proxies. All changes and counter-letters, even if clothed in the forms prescribed by the preceding article, will be without effect with…

The spouses may agree, in the interests of the family, to modify their matrimonial property regime, or even change it entirely, by notarial deed. On pain of nullity, the notarial deed contains the liquidation of the modified matrimonial property regime if this is necessary. The persons who had been parties to the modified contract and the adult children of each spouse are informed personally of the intended change. Each of…

The provisions of the preceding article do not apply to agreements that are made by spouses who are divorcing with a view to liquidating their matrimonial property regime. Articles 265-2 and 1451 are applicable to these agreements.