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Marriage, assets and succession: why the founder’s matrimonial property regime matters when handing over a family business.
A family business often begins with a couple. Years later, the business has grown, assets have accumulated and the children have become adults. How does the founder’s matrimonial property regime affect succession planning?
In this second TALK capsule, Dr Gabriel Koueni invites business owners to clarify their circumstances, the assets involved and each person’s rights before handing over. He discusses the spouse’s role and the importance of organising assets to prepare for business continuity.
This discussion of succession in African family businesses is not a substitute for individual legal advice. The implications depend on the circumstances and applicable law. Lawyers, notaries and qualified professionals can explain them.
TALK is a collection of short videos on succession and continuity in African family businesses. Explore capsule 1 and the rest of the collection on GKtv.
Credits / source: Original filming and editing: the teams identified by their logos in the closing credits, including Starlight. Editorial direction and creation of the GKtv edition, motion design, illustrations and additional postproduction: Agence MALIKA / Malika Studio.
Dr Gabriel Koueni discusses succession, generational transition and continuity in African family businesses.
Hello. Today, our series on the continuity of family businesses explores an important question: the founder’s matrimonial property regime, a key issue in business succession. When discussing succession, we must return to the beginning. Very often, the business began with a couple. At first, the founder and his wife had very little. They built it together, and shared ownership of their assets seemed natural. But 30 or 40 years later, the business has grown, assets have accumulated and the children have grown up. They have received an education. One question then becomes essential: under which matrimonial property regime is the founder married? Because the business does not always belong solely to the father. Some assets may also legally involve both spouses. I am assessing the situation from a succession perspective. Lawyers, notaries and qualified professionals can explain the implications of each individual situation. But as a researcher, I draw one simple lesson: succession does not begin at death. It must be prepared well beforehand. Understanding your matrimonial regime, organising your assets and clarifying everyone’s rights already helps protect the future of the business. A matrimonial property regime can be an invisible contract. But when the time comes to hand over, it can become decisive.
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