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hello, I am an american that has just married a french man, we married in anguilla but will reside as we have been doing for the last ten years on a french island. my husband has some property and would like to have my name on the property with his. how do we go about doing this? Do we need to register our marriage on the french island where we live?
Optional Information: State/Country relating to question: France Already Tried: nothing
Hello,
Thank you for your question.
Please could you tell me where your husband's property is situated?
Please could you tell me on which Island you live?
I look forward to hearing from you.
its a french island of st. barthelemy, but french laws apply, so do not know why you needed to know this. property is situated on this island and is in my husband's name. I cannot pay unless I get an answer.
Thanks for letting me know.I wanted to confirm that French law did indeed apply to your situation.
The main advantage of becoming a co-owner to the property is that in the event your husband was to pass away, you would remain co-owner of the property. Under French inheritance law, if your husband were to pass away you would get 1/4 of his estate and his children (including those from any previous marriage) would get 3/4. This law applies regardless of anything to the contrary that your husband's will may contain.
Therefore if you become a co-owner of the property and your husband passes away, you would get 5/8 of his estate (you half plus 1/4 of your husband's half). Any children would get the remaining 3/8 (3/4 of your husband's half).
You also avoid inheritance tax on your share.
Now, in order to become a co-owner, you need to arrange this with a notaire.
I hope this answers your question.