-
Investing in France in an inflationary environment needs much thought
Christopher Davenport of Kentingtons looks at France's exceptional inflation levels in 2022, and whether it is set to become the norm
-
ATM and parking scam cost British driver €1,000 in south-east France
She was approached by a 'helpful' young man who used a distraction technique to steal her card
-
Can British spouse of French passport holder use EU queue under EES rules?
Close family members can use EU passport queues under certain conditions
Is French pension body allowed to seize money?
My husband is in dispute with Cipav, the pension body for self-employed professionals, over unpaid contributions. A court found in its favour and we are in negotiation to work out a payment plan. My husband and myself have received letters from our bank for a saisie-attribution on our joint account. As the debt belongs to my husband, can Cipav block a joint account? J.L.
In theory, this depends on your marriage regime.
Marriage regimes set the legal structure between the couple to the marriage.
At one end, there is communauté universelle, where all your assets are owned by the couple.
The other extreme is séparation de biens, where you own your assets in your own names directly.
Under international law, you are deemed to have the French equivalent of the regime you had before arriving, which is determined by the country in which you, as a couple, spent the first two years of your marriage. If this was the UK, unless you have changed the regime via a notaire in France, you have a “tenancy in common” regime, which equates to séparation de biens.
As to your question, therefore, under the communauté this covers the bank accounts, and so Cipav would have a right to your joint bank account even though the debt is your husband’s.
On the other hand, if you have the séparation de biens regime, in theory the account should be divided according to which of you own the funds therein.
Generally, it is customary to split the account into two, in which case Cipav should be able to access only those funds that belong to your husband.
It would be best to seek advice from an avocat.
Reader's query answered byHugh MacDonald
The Connexion welcomes queries and regularly publishes a selection with answers. However, please note that we cannot enter into individual correspondence on money topics. Queries may be edited for length and style. Due to the sensitive nature of topics we do not publish full names or addresses on these pages. Send your financial query tonews@connexionfrance.com
The information here is of a general nature. You should not act or refrain from acting on it without taking professional advice on the specific facts of your case. No liability is accepted in respect of these articles. These articles are intended only as a general guide. Nothing herein constitutes actual financial advice