"I am married under the default regime of community of acquests. Can I become the sole owner of a property financed with my personal funds?"

The community of acquests (communauté réduite aux acquêts) is the matrimonial regime that applies in France when no marriage contract has been made. Under this regime, each spouse is deemed to own half of the property bought during the marriage.

So, without any particular precaution, if one spouse helps to finance a property with money received from a gift, for example, the property will be deemed to be jointly owned.

To acquire the home alone, the spouse who finances it wholly or mainly with their own personal funds must make a double declaration in the deed of purchase:
– a declaration of the origin of the funds used;
– a declaration of the purpose: stating that the purchase is made as an investment or reinvestment (emploi ou remploi) of their personal funds.

Any additional contribution financed with joint funds will not prevent the property from being personal, but the purchasing spouse will owe compensation (récompense) to the community.

The wording of this clause is essential, given how much is at stake with this declaration, both during the marriage and when the matrimonial regime is wound up.
To avoid any future dispute, ask your notaire for advice.

Let us take an example:

Purchase of a flat worth 200,000 euros (price plus costs of the deed).
The wife has 150,000 euros of personal funds (from the sale of a property she inherited); the remaining 50,000 euros are financed by the community (with savings made during the marriage). Provided the deed contains a reinvestment declaration, the wife will be the sole owner of the property.
The community, which financed 25% of the purchase, will be entitled to compensation, calculated when the regime is wound up (according to the principle set out in article 1469 of the French Civil Code).