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I am married, can I buy a property alone?
Buying a property alone
Yes, you can. However, depending on your matrimonial regime and how the purchase is financed, the property may be personal to a spouse or common.
If you are married in a legal community (community reduced to acquests), the property will be common if you finance your purchase with common money or a loan. The property will belong to you in your own right if you finance it totally or mainly with money of your own.
Attention : under the regime of legal community, the earnings and wages of the spouses are common property. The same applies to income from property belonging to a single spouse.
If you are married under a regime of conventional community (universal community), the property will in principle be common. However, it is necessary to refer to the marriage contract.
In practice : it is possible that the notary asks both spouses to sign the deed of purchase when the property enters the community. However, this is not mandatory.
If you are married under a regime of separation of property, the property that you buy alone will be your own, unless you have, by marriage contract, provided for a partnership of acquests and this property is part of it.
If you are married in a legal community (community reduced to acquests), the property will be common if you finance your purchase with common money or a loan. The property will belong to you in your own right if you finance it totally or mainly with money of your own.
Attention : under the regime of legal community, the earnings and wages of the spouses are common property. The same applies to income from property belonging to a single spouse.
If you are married under a regime of conventional community (universal community), the property will in principle be common. However, it is necessary to refer to the marriage contract.
In practice : it is possible that the notary asks both spouses to sign the deed of purchase when the property enters the community. However, this is not mandatory.
If you are married under a regime of separation of property, the property that you buy alone will be your own, unless you have, by marriage contract, provided for a partnership of acquests and this property is part of it.
Good to know
The regime of separation of property does not apply by default, spouses who wish to opt for this regime must provide for the signing of a marriage contract before the ceremony.
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