The New Owners Name
It should be decided before the contract is drawn up, who will own the
property, as this information is included in the contract. This is a
particularly important decision, for both reasons of tax and the operation of
French inheritance laws, which apply to property owned in France, regardless of
where its owner is domiciled. An alternative is to buy the property through a
company, and remain domiciled in the UK. There are huge differences on the
consequences if you buy in a individual name, joint name or in a company name
set up for the purpose. It would be advisable to consult your legal adviser
about this before you begin to look for properties in France, as the wrong
decision can be costly.
If the decision under which name you wish to purchase the property has not been
arrived at when you sign the contract, you can include a 'substitution clause'
which allows you to substitute any person or company when you complete the
sale.
Married couples
The notaire will need details of your 'civil status' (état civil), to be
included in the contract. This includes your occupation, nationality, birth
dates, marital status and 'matrimonial regime' of each individual involved in
the purchase. In French law, couples can adopt one of several regimes in their
marriage contract, depending on whether they wish to hold property in common
(communauté de biens), with all property bought after the marriage by either
partner belonging to both, or separately (séparation de biens). If you have
been married under UK law, without specifying which regime applies, the notaire
will usually state in the contract that you are married under the séparation de
biens regime. Changing your actual marital regime and adopting one available
under French law may have legal and tax advantages but there is a lot of
paperwork!