Glossary entry (derived from question below)
French term or phrase:
Reprise matrimoniale
English translation:
spouse's automatic entitlement to personalty (Scots law: widow's legitim-based entitlement to the moveable estate)
Added to glossary by
Adrian MM.
Mar 15, 2022 13:29
2 yrs ago
40 viewers *
French term
United Kingdom
Sensible solutions
Native in: English (Variant: Wessexois) 
Works in: French to English, English, English to French
Reprise matrimoniale
French to English
Law/Patents
Law (general)
Succession (Switzerland)
This is a line in the "net matrimonial assets to be liquidated" section of the final estate distrution account of a deceased peron (male):
Reprise matrimoniale Mme (1/2 de l’actif matrimonial) CHF NNNNNN.NN
Does it mean the share that Mrs. (his surviving spouse) automtically keeps?
(The deceased died intestate)
Reprise matrimoniale Mme (1/2 de l’actif matrimonial) CHF NNNNNN.NN
Does it mean the share that Mrs. (his surviving spouse) automtically keeps?
(The deceased died intestate)
Change log
Mar 16, 2022 15:23: Adrian MM. Created KOG entry
Proposed translations
+1
1 hr
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
359
French term (edited):
reprise matrimoniale, CH
Selected
spouse's (widow's or widower's) automatic entitlement to personalty (Scots: moveable estate)
Notes:
1. subject to informed Transatlantic comments, yes to automatically keeps.
2. Loud, Roman-based Scots law bells of automatic 'legitim' entitlement to *one-third* of moveables (E&W: personalty) are ringing.
3. Right of survivorship or jus /ius accrescendi can apply to non-matrimonial property.
4. Liquidation of assets, query: wind-up and division (best steer clear of the trust-related ambiguity of 'settlement') of the joint estate or 'severance' of the joint ownership (j'oint tenancy') into separate ownership ('tenancy-in-common'),
5. I disbelieve in a forcible take-back, replevin or repossession in a probate / Scots: grant of confirmation & succession scenario.
6. I prefer a musical reprise, say at the Proms at the Royal Albert Hall in Kensington between which I - pre-Internet & Googling era - used to pick the brains of inter alia Swiss bankers, accountants and lawyers.
1. subject to informed Transatlantic comments, yes to automatically keeps.
2. Loud, Roman-based Scots law bells of automatic 'legitim' entitlement to *one-third* of moveables (E&W: personalty) are ringing.
3. Right of survivorship or jus /ius accrescendi can apply to non-matrimonial property.
4. Liquidation of assets, query: wind-up and division (best steer clear of the trust-related ambiguity of 'settlement') of the joint estate or 'severance' of the joint ownership (j'oint tenancy') into separate ownership ('tenancy-in-common'),
5. I disbelieve in a forcible take-back, replevin or repossession in a probate / Scots: grant of confirmation & succession scenario.
6. I prefer a musical reprise, say at the Proms at the Royal Albert Hall in Kensington between which I - pre-Internet & Googling era - used to pick the brains of inter alia Swiss bankers, accountants and lawyers.
Example sentence:
IATE & Navarre: 'retaking of personalty not included in communal estate'
Scots: Where a deceased left a spouse or civil partner & children, the legal rights fund for the spouse or civil partner is 1/3 of the net moveable estate & the legal rights fund for the children is 1/3 of the net moveable estate (E&W: personalty)
4 KudoZ points awarded for this answer.
22 mins
Erzsébet Czopyk
Hungary
Hungary
Specializes in field
Hungary
sworn translator, linguist, DPO
Native in: Hungarian (Variant: Hungary)
Works in: Russian to Hungarian, Hungarian to Russian, Latvian to Russian, and 10 more.
Related KudoZ points
:
2
repossession of the property (by the surviving spouse), rule of survivorship
In case of divorce:
Liquidation du régime matrimonial - Capital.fr
https://www.capital.fr › votre-argent·
Feb 22, 2022 — Le notaire liste et évalue les biens (l'actif) et les dettes (le passif) des ... la pleine propriété après le divorce (on parle de reprise).
Estate administration: 10-step guide for an Executor or Next of ...
https://bare.com.au › deceased-estate-planning-administrat...
Oct 13, 2020 — The deceased person's Next of Kin is required to complete a ... to do so could incur additional fees or even repossession of the property or ...
https://anthonygold.co.uk/latest/blog/what-happens-to-jointl...
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Note added at 23 perc (2022-03-15 13:52:39 GMT)
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https://hmlandregistry.blog.gov.uk/2018/02/13/property-owner...
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Note added at 28 perc (2022-03-15 13:58:25 GMT)
--------------------------------------------------
Hm-mmm...
On the winding-up of the marriage and the application of the default matrimonial property regime, each spouse will receive the assets which belong to them personally, plus half of the value of the community assets. There may be additional financial compensation due to a spouse who has invested personal money into the community assets. The financial compensation will be equivalent to the sum invested, plus any capital gain made on that investment.
If the parties enter a pre-nuptial agreement or a contrat de mariage before marriage, they can opt for one of the other commonly known property regimes, such as separation of property, universal community of assets or participation of acquests. Alternatively, they can also simply amend one of these regimes by inserting special clauses in relation to the administration or the winding-up of the matrimonial property regime during their lifetime in the event of a divorce or upon death.
In the French separation of property regime, the assets acquired, given or inherited during the marriage remain in the name of the spouse who acquired, benefited from or inherited them, except if the asset has been acquired in both spouses' names. However, if the other spouse contributed to the purchase of, or by financial participation increased the value of, the asset belonging to the other spouse, they will be entitled to financial compensation. This separation of property regime is often recommended when there is an international pre-nuptial agreement in place, as it is very close to the English system and is often well known in other countries.
https://uk.practicallaw.thomsonreuters.com/6-615-3545?transi...
--------------------------------------------------
Note added at 29 perc (2022-03-15 13:59:08 GMT)
--------------------------------------------------
reinstatement would be better
--------------------------------------------------
Note added at 2 óra (2022-03-15 15:45:08 GMT)
--------------------------------------------------
re-entitlement?
Liquidation du régime matrimonial - Capital.fr
https://www.capital.fr › votre-argent·
Feb 22, 2022 — Le notaire liste et évalue les biens (l'actif) et les dettes (le passif) des ... la pleine propriété après le divorce (on parle de reprise).
Estate administration: 10-step guide for an Executor or Next of ...
https://bare.com.au › deceased-estate-planning-administrat...
Oct 13, 2020 — The deceased person's Next of Kin is required to complete a ... to do so could incur additional fees or even repossession of the property or ...
https://anthonygold.co.uk/latest/blog/what-happens-to-jointl...
--------------------------------------------------
Note added at 23 perc (2022-03-15 13:52:39 GMT)
--------------------------------------------------
https://hmlandregistry.blog.gov.uk/2018/02/13/property-owner...
--------------------------------------------------
Note added at 28 perc (2022-03-15 13:58:25 GMT)
--------------------------------------------------
Hm-mmm...
On the winding-up of the marriage and the application of the default matrimonial property regime, each spouse will receive the assets which belong to them personally, plus half of the value of the community assets. There may be additional financial compensation due to a spouse who has invested personal money into the community assets. The financial compensation will be equivalent to the sum invested, plus any capital gain made on that investment.
If the parties enter a pre-nuptial agreement or a contrat de mariage before marriage, they can opt for one of the other commonly known property regimes, such as separation of property, universal community of assets or participation of acquests. Alternatively, they can also simply amend one of these regimes by inserting special clauses in relation to the administration or the winding-up of the matrimonial property regime during their lifetime in the event of a divorce or upon death.
In the French separation of property regime, the assets acquired, given or inherited during the marriage remain in the name of the spouse who acquired, benefited from or inherited them, except if the asset has been acquired in both spouses' names. However, if the other spouse contributed to the purchase of, or by financial participation increased the value of, the asset belonging to the other spouse, they will be entitled to financial compensation. This separation of property regime is often recommended when there is an international pre-nuptial agreement in place, as it is very close to the English system and is often well known in other countries.
https://uk.practicallaw.thomsonreuters.com/6-615-3545?transi...
--------------------------------------------------
Note added at 29 perc (2022-03-15 13:59:08 GMT)
--------------------------------------------------
reinstatement would be better
--------------------------------------------------
Note added at 2 óra (2022-03-15 15:45:08 GMT)
--------------------------------------------------
re-entitlement?
Note from asker:
| Thanks, but "repossession" is a term (at least in UK) associated with banks and other creditors and landlords evicting owners and tenants of homes |
Discussion
"En cas de décès, la loi prévoit que le conjoint survivant reçoit la moitié des biens communs. La confusion de tous les biens (acquêts, héritage et donation) continue à déployer ses effets puisque la reprise matrimoniale du conjoint survivant concernera non pas seulement les biens acquis durant le mariage mais aussi les biens reçus par succession ou donation....la reprise matrimoniale du conjoint s'exerce sur tous les biens de la communauté<b/>..."
https://www.letemps.ch/economie/lavis-lexpert-fautil-adopter...