Married and resident in the UK, retired, no children.
Buying a house in France with the intention of living here permanently.
What would be the most appropriate marriage regime for us, to ensure simplicity for surviving wife if I (husband) die first? I’m thinking communauté universelle.
Sorry if it’s a dumb question! I can’t see exactly my question is dealt with elsewhere on here.
Donation entre Epoux is probably easier if there are no heirs apparent from the marriage or previously. Your parents/siblings would most likely be the next in line to inherit and then subject to possibly 60% tax being non-resident. If you were married under a british marriage certificate it is automatically séparation des biens meaning if your french property is in joint names, the survivor inherits it all. Make sure that the purchase contract is in JOINT NAME OWNERSHIP.
As you seem to know what you’re talking about, how about a German marriage certificate?
I have no idea about germany but presume much the same as the UK especially if you have a legal document. I know about the french side of things because I had 3 TGI rulings it was legal.
Hi @Piet and Welcome to the Forum…
As you wander through the threads… you will soon discover that when someone says XYZ there will often be another who says “well, the exact opposite happened for me” 
for example: OHalf and I were married in UK and yet… our French Notaire talked through the various “regime” options available to us re our Purchase in France …
Personally, I would advise you to go to your Notaire and discuss things thoroughly… making sure you do understand what is being said to you and their ramifications … before making any decisions.
I’ve occasionally seen things go horribly wrong when one spouse dies… so it’s worth taking time… and lots of good advice… before settling on something.
best of luck
Does En Tontine still exist? If so, you can have that to protect each other but it has to be prepared and signed on the day of the Compromis de Vent or its not applicable.
I think it depends on who is buying the house. If it is basically financed by one of you, you could opt for the séparation de biens régime. What this basically means is that everything you each owned before marriage remains the possession of each person, but everything you purchase during the marriage is jointly shared.
Unless you have deliberately changed it everyone in the UK is automatically married under the séparation des biens regime.
En tontine exists, but if you are married is not much point.
Please correct me if my understanding is incorrect but I thought en tontine means that a property bought in joint names automatically passes to the remaining spouse apon death of the first and tge property is deemed to have always been owned entirety by the remaining spouse. If I understand correctly then why is there not much piont in doing this if already married?
there are a couple of marriages that I know of, where this regime would/could have saved a lot of grief/stress… (so I don’t think the remark can apply to everyone… but it might apply to some… )
as always… an in depth discussion with the Notaire is good advice.
It just protects the survivor more than the sep des biens which also includes children immediately. In my own case I was the majority 50% owner left after death but my children (2) also inherited immediately, half of the 50% left from OH and still had to give permission for things to be sold/done etc. Having something extra just gives that power over the other inheritors whoever they may be.
The OP says they are married and have no children, so the tontine does nothing extra for them. And had they children, the law changes in 2002 meant that the surviving partner would have life interest in the house anyway. So what does it gain them?
Were they not married then it would be a different matter and it could be suitable.
And if both partners have children it can be very disadvantageous to the children of the partner that dies first, as they would loose out.