Reader TTS

THE MARRIAGE REGIME YOU HAD WITH YOUR SPOUSE CAN AFFECT THE RULES Reader Question: I have heard that if a spouse should die, the vehicle cannot be transferred into the surviving

partner's name, even if the carte grise is in joint names. Is this something to do with inheritance? The rules on this do relate to inheritance matters. If the car was solely in the

name of the deceased or in joint names, then ownership of all the car (or a share in it) is part of their estate. As such, transferring it (entirely) into the name of the survivor becomes an

inheritance issue.  In the case of inheriting the car from a spouse, the rules depend on the couple’s marriage regime. All marriages are, in France, subject to a regime governing matters

including how property is shared out or passed on in the case of death or divorce.  The standard regime for people who get married in France is that everything purchased after the marriage

is jointly owned (known as en communauté), but possessions acquired before the marriage are individually owned. The regime for marriages from outside France depends on the country where the

couple were married (or lived immediately afterwards), for example séparation de biens for UK (and many US) marriages, in which each partner individually retains possessions they bought at

any time. Some marriages ‘convert’ to communauté after a certain time in France; it is also possible to arrange to change one’s regime. The notaire dealing with the estate can clarify if you

are unsure of yours. Read more: Foreign couples and French marriage regimes: key points to know It is straightforward to change the name on the vehicle registration document (certificat

d'immatriculation, or ‘carte grise’) where the vehicle was bought under communauté because after the spouse’s death it becomes the property of the survivor.  To do so, you need

documents including: * Proof of residence less than six months old * Cerfa form 13750 * Original carte grise * Valid roadworthiness test (contrôle technique) * Proof of the death, marriage

regime and number of co-heirs (if any) - in the case of people with a French family record book (livret de famille), eg. due to marriage or birth of children in France, this will suffice It

can be done online and costs €13.76, and a new carte grise with only the name of the surviving spouse will be sent out.  FOREIGN MARRIAGE MAY MEAN MORE DOCUMENTS  Under a séparation de biens

contract, additional steps must be taken as the deceased’s share of the car does not pass automatically to the spouse.  In addition to the above documents, the application must also include

proof of ID, as well as:  In addition, a document proving that you are an heir of the deceased is needed:  * Attestation from the notaire certifying the death of a person and that their

estate includes a vehicle; including its make and registration number * Or a deed of notoriety drawn up by a notaire (most inheritance proceedings in France require this) * Or, for estates

under €5,000, a death certificate accompanied by a statement signed by all the heirs certifying that there is no will and there are no legal proceedings or disputes pending. Again, the

notaire dealing with the estate can advise.  Read more: Taxes, forced heirship and property ownership: Understanding French succession law