Notary and marriage contract
To enter into a marriage contract, the spouses must contact a notary. The latter is the only one who can advise them in their choice and write the act. In the context of marriage, apart from the marriage contract, the intervention of a notary is also necessary.
Marriage contract with a notary: the advantages
If you still have doubts about the usefulness of signing a marriage contract with the notary, know that in the exercise of his function, the notary is the representative of the State, he also works under the supervision of the judges. He has the power to authenticate the legal acts he drafts or receives thanks to his being a ministerial officer. By drafting your marriage certificate with this authenticator, you will therefore increase its probative value. As a legal professional, he is also able to advise and support his clients in their choice with the obligation to explain the consequences of each choice. And that's not all, because he also has advanced drafting skills.
The intervention of the notary for the marriage contract
If the spouses come to the notary to make a marriage contract, this professional will advise them on the choice of the matrimonial regime that suits them. In addition to explaining the ins and outs of each plan, he is also committed to his profession in revealing in detail the outcomes of the various plans that can be considered. To help them in their choice, the notary will take into account a few factors, including the couple's financial and family situation. The notary draws up the marriage contract himself under a conventional matrimonial regime.
The intervention of the notary for other marriage certificates
The notary can effectively intervene in the context of:
· A donation
Indeed, recourse to a notary is mandatory for spouses wishing to make donations of property present or due to death for the benefit of each other. As the donation is a heavy act, the contract must necessarily be signed before the notary. Moreover, this professional must also inform and advise the spouses according to their situation.
· A dissolution of marriage
In the event of divorce, the dissolution of the marriage leads to the sharing of the patrimony of common goods. Only spouses can share their property, but the drafting of the deed of sharing should only be done by a notary. In the event of death, the settlement of the estate on the death of a spouse also requires the intervention of a notary.
· A marriage and divorce contract
Divorce marks the liquidation of the matrimonial regime and depending on the marriage contract, the spouses share the patrimony between them:
For the regime of community of property reduced to acquests, only the common property acquired during their union will be assessed and divided for half between them.
For the regime of separation of property, no good is common, each of them just takes back what belongs to him.
For the universal community regime, the spouses are each entitled to half of the patrimony of the community.
Note that the liquidation of the matrimonial regime should only be carried out before a notary, especially if real estate is included in the assets to be shared. On this occasion, the publication of the deed must be made to the Land Registry Service.
The simulation of notary fees remains essential
Whether for individuals or professionals, it is necessary to find out about notary fees. The simulation offered by this site is reliable and easy to use whether for a main residence or a rental investment. This mandatory amount takes into account the notary's emoluments, the latter's fees, standard costs such as disbursements and transfer duties.
If you are not careful with this calculation, you will quickly run into difficulties with this purchase.
The calculation depends on the amount of the investment, but also on the residential areas, because there are therefore differences between regions, or even departments.
You will have a rate of 5% to apply for a donation of 6,500 euros for example, but it will be 2.3% for an inheritance of less than 6,500 euros.
You will therefore have percentages that will be different depending on the theme.
As a result, the notary fees are different for a donation or the purchase of real estate. With real estate professionals, you will be able to obtain vital information and be sure that the cost requested will be reliable and applied when selling or donating.
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