Today, couples have the choice between several unions: marriage , cohabitation and the Pacs. Each status has its own characteristics, to study carefully before embarking on a life of two.
A system of separation of property, a universal community, a system of joint ownership reduced to the property acquired after the marriage: the marriage contract makes it possible to prepare, together, one's matrimonial regime.
French civil partnership (PACS) is a contract, which provides unmarried couples the opportunity to organize their life together, with some social and tax advantages to boot.
In France, several divorce procedures exist divorce through mutual consent, accepted divorce, definitive alteration of conjugal relationship, divorce for cause…
Amicable or legal divorce leads to the settling of the matrimonial regime and sharing the property of the couple who is going to separate. The notary helps you settle the pecuniary and property interests of the spouses.
The lasting power of attorney allows any person to organize his future dependency through a tailor-made legal protection, without losing his rights and his legal capacity.
Adoption creates a genuine parent-child relationship between the adopter and the adoptee. However, this relationship will only exist if the adopter expressly asks for it and if it is made official by an order from the regional court.
Yes . When the spouses are married under the regime of the legal community, three patrimonies are to be distinguished: the patrimony specific to each spouse and the common patrimony. During couple life, financial movements often take place between the different assets. The mechanism of rewards is intended to restore…
(...) Now the notary is asking us to personally sign the inventory closure deed. Why ? The purpose of closing the inventory is to confirm that all operations have been completed. On this occasion, those who were in possession of the deceased's assets before the inventory or who lived in…
No. The purpose of the mandate for future protection is to allow a designated person (the mandatary) to represent the mandator who could no longer provide for his interests alone (article 477 of the Civil Code). This mandate ends on the death of the principal, whether it has been implemented…
No. Regardless of the origin of the co-ownership (whether from an inheritance or a divorce, for example), a co-ownership agreement is always optional. However, since decisions must generally be made unanimously by all co-owners, which can be a source of difficulties, the agreement allows you to organize in advance the…
Yes, if the time limit for appealing against the decision had not expired on the day of death. The divorce takes effect on the date on which the decision pronouncing it acquires the force of res judicata, which means, no longer subject to appeal. The time limit for appeal is…
Yes, in principle. When spouses adopt the regime of universal community, all movable and immovable property owned by them on the day of adoption of this regime, and all that they acquire subsequently, are held in common (art. 1526 C. civ.), with the exception of property that is private by…
Yes . Any person may designate in advance the person responsible for exercising the functions of curator or tutor if they were to be placed under a measure of judicial protection (art. 448 C. civ.). To be valid, the designation must be made by declaration before a notary, or by…
English subtitles are available. To choose another subtitle language: At the bottom right on the player, click Settings. Click on Subtitles. Select a language.
Sophie Sabot-Barcet, notary, answers Marc's question: should I make an appointment with a notary before getting married? Yes, to find out beforehand and receive advice on the choice of matrimonial property regime. Marriage is a contract between the parties. If you don't go to a notary, you'll be married in…
Yes . When the spouses are married under the regime of the legal community, three patrimonies are to be distinguished: the patrimony specific to each spouse and the common patrimony. During couple life, financial movements often take place between the different assets. The mechanism of rewards is intended to restore…
No. For a will to be valid, it must take one of the forms provided for by Article 969 of the Civil Code: holographic, authentic, or mystic, all of which require a written document. A will made on video is therefore null and void and cannot produce any effects (Reply…
...became a partner in the company. Do I have to declare the company's profits? No. When ownership of shares is divided between a usufructuary and a bare owner, it is up to the usufructuary to declare the sums he or she receives from the company's profits (art. 8 CGI), which…
(...) Now the notary is asking us to personally sign the inventory closure deed. Why ? The purpose of closing the inventory is to confirm that all operations have been completed. On this occasion, those who were in possession of the deceased's assets before the inventory or who lived in…
No. In principle, usufruct ends with the death of the usufructuary (art. 617 C. civ.). However, if the donor retains the usufruct of the donated property, it is possible to include a "reversion of usufruct" clause in the deed of donation. In this way, on the donor's death, the usufruct…
No. Marriage does not automatically have any effect on the nationality (art. 21-1 C. civ.). When a foreign person marries a French person and wishes to obtain the French nationality, they must apply for it by filing a declaration of French nationality via marriage with the dedicated access platform of…
Yes. It is entirely possible to make a donation to your minor grandchildren. This donation must be accepted by their legal administrators (their parents), in accordance with Article 935 of the Civil Code. However, you can specify in the donation act that the donated assets be managed by a third…
Like married couples, PACS partners are subject to joint taxation (Article 6, 1 CGI and 7 CGI), including for the income earned in the year the agreement is concluded (Article 6, 5th CGI). However, you can opt for separate taxation of the income you personally received during the year of…
Yes. If in principle, the adopter must be 15 years older than the person he wishes to adopt, this age difference is reduced to 10 years when the adoption takes place between an individual in a civil union and the child of his partner (art. 344 Civil Code and 361…
Yes. Under French law, the principle is that ownership of the land includes ownership of everything on and beneath it (Article 552 of the Civil Code). This means that even if you financed the construction of the house, your sister remains the owner. For the house to become your property…
Yes , loan contracts for an amount greater than 5,000 euros must be declared (article 49B appendix 3 and article 23L appendix 4 of the CGI) to the tax authorities on form no. 2062. You must file this declaration at the same time as your next annual income tax return…
Yes. This rule is intended to protect the family home and applies even when this property belongs to one of the spouses only. In the absence of your wife's consent to this sale, she could request the cancellation within one year from the day she became aware of it and…
"I want to adopt the child my wife had from a previous union. His biological father is deceased. Is this possible?" Notary David Ambrosiano answers your questions on the BFM Business program "Le Club du Droit / Passez-moi le notaire".
Generally, when the deceased owned real estate, the value to be considered for the inheritance declaration is the market value on the date of death (Article 761, paragraph 1 of the General Tax Code and BOI-ENR-DMTG-10-40-20 §20). This is the value that would be obtained if the property were sold…
No. Marriage does not automatically have any effect on the nationality (art. 21-1 C. civ.). When a foreign person marries a French person and wishes to obtain the French nationality, they must apply for it by filing a declaration of French nationality via marriage with the dedicated access platform of…
Will the 3 partners be exempt from real estate capital gains? No. Capital gains realized on the sale of the main residence of the seller on the day of the sale are exempt (article 150 U, II-1° of the General Tax Code). When the property is held through a company…
Yes. By renouncing the succession of your spouse, you lose the status of heir (article 805 of the Civil Code). On the other hand, you retain the status of spouse. However, the survivor's pension is a right reserved for the spouse or ex-spouse in the event of the death of…
... from this inheritance until her mother passed away. Is this true? Yes. In theory, the usufructuary cannot dispose of the property of the concerned usufruct. However, the Civil Code allows an exception when the usufruct includes elements that cannot be used without consuming them, such as money. In which…
The resumption of cohabitation puts an end to the legal separation and re-establishes the previous effects attached to the marriage, with the exception of the matrimonial property regime, the separation of property being maintained (art. 305, al. 1 and 3 C. civ.). Please note: for this situation to be known…
Yes, in exceptional cases, posthumous marriage may be authorized by the President of the Republic under article 171 of the French Civil Code. Two conditions must be met: it must be proven that the deceased really wished to marry, based on a sufficient number of facts (his or her behavior…
No . When the adopter himself has children, the court called upon to rule in regard to the adoption verifies that it is not likely to compromise family life (art. 353, para. 3 C. civ. by 361 reference). However, as part of the documents which need to be provided in…
Yes. By renouncing the succession of your spouse, you lose the status of heir (article 805 of the Civil Code). On the other hand, you retain the status of spouse. However, the survivor's pension is a right reserved for the spouse or ex-spouse in the event of the death of…
It depends. The law stipulates that daughters-in-law and sons-in-law are obliged to help their parents-in-law materially and financially as part of the obligation to provide support (art. 206 C. civ.). The death of your husband does not terminate this obligation (Lyon Jan. 25, 1967). On the other hand, if you…
Yes. This rule is intended to protect the family home and applies even when this property belongs to one of the spouses only. In the absence of your wife's consent to this sale, she could request the cancellation within one year from the day she became aware of it and…
... Will the amount collected fall under the community? No. If the community consists of all the property acquired during the marriage by the couple, the indemnities which are exclusively attached to the person of the husband or wife following an action for compensation for bodily injury or moral, constitute…
Yes, you will be required to pay a fee to the notary in charge of liquidating the community estate, representing 0.5916% (incl. VAT) of the value of the property taken over. Added to this is the cost of any formalities. On the other hand, this value is not included in…
Yes, but…In the context of a simple adoption, the adopted child inherits from his family of origin and also from his adoptive family (Articles 364 and 368 of the Civil Code). If your brother were to predecease your mother, his adopted children would represent their father in his mother's estate…
...seize his house. Is this possible despite the protective measure? Yes. The protection of the protected person's home has the effect of limiting the acts that his representative can perform (art. 426 C. civ.). However, this does not mean that the property cannot be seized by creditors, in this case…
No, only individuals of legal age are permitted to enter a civil union (Art. 515-1 C. civ.). Additionally, as it involves a contract, one must also possess the capacity to contract. For persons of foreign nationality, their legal capacity is determined by the laws of their respective countries (Art. 3…
Partially. By will, you can bequeath this house to your daughter with the condition that she keeps and transfers it to her son (Article 1051 of the Civil Code). However, the law does not allow you to impose this condition on your grandson (Article 1053 paragraph 1 of the Civil…
Partially. By will, you can bequeath this house to your daughter with the condition that she keeps and transfers it to her son (Article 1051 of the Civil Code). However, the law does not allow you to impose this condition on your grandson (Article 1053 paragraph 1 of the Civil…
No. The French Civil Code does not provide for an obligation to provide support between brothers and sisters. However, the courts do recognize the existence of a natural obligation: this means that your brother in need cannot force you to help him, but that you can help him voluntarily. However…
Yes. Regarding co-ownership, Article 815-3 4° of the Civil Code states that a majority of two-thirds of the co-owners can "conclude and renew leases other than those concerning a property for agricultural, commercial, industrial, or artisanal use." In your case, it is a lease for agricultural use, which requires the…
Like married couples, PACS partners are subject to joint taxation (Article 6, 1 CGI and 7 CGI), including for the income earned in the year the agreement is concluded (Article 6, 5th CGI). However, you can opt for separate taxation of the income you personally received during the year of…
...seize his house. Is this possible despite the protective measure? Yes. The protection of the protected person's home has the effect of limiting the acts that his representative can perform (art. 426 C. civ.). However, this does not mean that the property cannot be seized by creditors, in this case…
Yes, under certain conditions. In principle, when you are married, you are subject to joint taxation with your spouse for the income each of you receives (art. 6, 1, CGI). However, it is possible to request separate taxation when one of the spouses has abandoned the marital home and each…
Yes, the marriage of one of the partners, including to a third party, automatically terminates the Civil union (art. 515-7, al. 1 C. civ.). The civil registrar at the place of the ceremony must make a note of the marriage in the margin of the birth certificate (of the ex-partner…
Buying real estate during divorce proceedings is possible, but the operation is risky. Under the old contentious divorce regime (procedures initiated before January 1, 2021, as in your case), the date of the effects of the divorce between the spouses is fixed on the date of the ONC, subject to…
No. Married couples are required to contribute to the expenses of marriage and the maintenance of children, regardless of their matrimonial regime. The wedding expenses include various expenses, in particular those relating to accommodation and food. If the spouses are free to provide in their marriage contract a distribution of…
Sophie Sabot-Barcet, notary, answers Marc's question: should I make an appointment with a notary before getting married? Yes, to find out beforehand and receive advice on the choice of matrimonial property regime. Marriage is a contract between the parties. If you don't go to a notary, you'll be married in…
No. The purpose of the mandate for future protection is to allow a designated person (the mandatary) to represent the mandator who could no longer provide for his interests alone (article 477 of the Civil Code). This mandate ends on the death of the principal, whether it has been implemented…
... from this inheritance until her mother passed away. Is this true? Yes. In theory, the usufructuary cannot dispose of the property of the concerned usufruct. However, the Civil Code allows an exception when the usufruct includes elements that cannot be used without consuming them, such as money. In which…
English subtitles are available. To choose another subtitle language: At the bottom right on the player, click Settings. Click on Subtitles. Select a language.
The resumption of cohabitation puts an end to the legal separation and re-establishes the previous effects attached to the marriage, with the exception of the matrimonial property regime, the separation of property being maintained (art. 305, al. 1 and 3 C. civ.). Please note: for this situation to be known…
No. Subject to the absence of children and the predecease of the deceased's father and mother, the surviving (non-divorced) spouse is entitled to the full inheritance of his or her spouse (art. 757-2 C. civ.). Although you can reduce your husband's rights by bequeathing your assets to whomever you wish…
No. Subject to the absence of children and the predecease of the deceased's father and mother, the surviving (non-divorced) spouse is entitled to the full inheritance of his or her spouse (art. 757-2 C. civ.). Although you can reduce your husband's rights by bequeathing your assets to whomever you wish…
Yes, under certain conditions. In principle, when you are married, you are subject to joint taxation with your spouse for the income each of you receives (art. 6, 1, CGI). However, it is possible to request separate taxation when one of the spouses has abandoned the marital home and each…
Everything depends on the wording of your marriage contract. If there is an "allotment to the surviving spouse" clause, the surviving spouse becomes the owner of the entire estate. Failing this, the estate is divided between the surviving spouse and the 2 children in accordance with the law.
No, only individuals of legal age are permitted to enter a civil union (Art. 515-1 C. civ.). Additionally, as it involves a contract, one must also possess the capacity to contract. For persons of foreign nationality, their legal capacity is determined by the laws of their respective countries (Art. 3…
No. Article 847 bis of the General Tax Code provides for an exemption from registration fees; in regard to the prior consent to be obtained by a notary (article 342-10 of the Civil Code). As an extension of the bioethics law of August 2, 2021, which extends medically assisted reproduction…
... her property will revert to her spouse. Is it correct? Yes . Renunciation of a bequest has the effect of rendering the testamentary disposition null and void (art. 1043 C. civ.). The devolution of inheritance then takes place as if this provision had never existed. Since your cousin has…
Yes, but under certain conditions. In principle, only some people can ask the guardianship judge to open a protective measure (art. 430 C. civ.). These are, first and foremost, the person to be protected and his or her immediate family. Third parties should therefore not be able to apply for…
No . Since 2019 it is no longer mandatory to wait two years before being able to change the matrimonial regime. Note : this change must always be carried out in the interest of the family (art. 1397 C. civ.).
Yes. Regarding co-ownership, Article 815-3 4° of the Civil Code states that a majority of two-thirds of the co-owners can "conclude and renew leases other than those concerning a property for agricultural, commercial, industrial, or artisanal use." In your case, it is a lease for agricultural use, which requires the…
No. To be able to benefit from a deferred salary claim, the descendants of the deceased farmer must be over the age of 18 and participate directly and effectively in the operation. However, they must not have been associated with profits and losses, nor received salaries in cash (L.321-13 C…
"I'm currently in a civil union with my partner and we have two children. I also have a child from my first marriage. We each own 50% of an apartment. I'd like to bequeath the entire usufruct to my current wife, but above all, I don't want to bequeath it…
...became a partner in the company. Do I have to declare the company's profits? No. When ownership of shares is divided between a usufructuary and a bare owner, it is up to the usufructuary to declare the sums he or she receives from the company's profits (art. 8 CGI), which…
Yes, but under certain conditions. In principle, only some people can ask the guardianship judge to open a protective measure (art. 430 C. civ.). These are, first and foremost, the person to be protected and his or her immediate family. Third parties should therefore not be able to apply for…
Yes, the marriage of one of the partners, including to a third party, automatically terminates the Civil union (art. 515-7, al. 1 C. civ.). The civil registrar at the place of the ceremony must make a note of the marriage in the margin of the birth certificate (of the ex-partner…
Yes. If you wish to modify your Civil union, you can draw up a new agreement between yourselves, or have it drawn up by a notary. However, as your initial agreement was drawn up by a notary, you must send him your amended agreement so that he can register it…
Yes. When a person dies without descendants, their surviving spouse is entitled to inherit their estate, either alone or in concurrence with the deceased's father and mother (according to articles 756 and 757-1 of the Civil Code). Civil law defines the 'successor' spouse as the surviving, undivorced spouse of the…
Yes, but…In the context of a simple adoption, the adopted child inherits from his family of origin and also from his adoptive family (Articles 364 and 368 of the Civil Code). If your brother were to predecease your mother, his adopted children would represent their father in his mother's estate…
Yes. It is possible to draw up a "future protection" mandate before a notary, in which you appoint a trustworthy person to look after your child's interests. You must be materially and emotionally responsible for your child at the time the mandate is signed, and the child must be unable…
Yes. The termination of the Civil union only becomes opposable to third parties, here to the mutual insurance company, from the day when the publicity formalities have been completed, which means, from the mention made by the state civil officer on the birth certificates of the partners (art. 515-7, al.8…
Yes. Under French law, the principle is that ownership of the land includes ownership of everything on and beneath it (Article 552 of the Civil Code). This means that even if you financed the construction of the house, your sister remains the owner. For the house to become your property…
No. Acceptance up to the amount of the net assets makes it possible to limit the patrimonial risks for the heir since he is not liable for the debts of the deceased, on his personal assets. As long as this acceptance does not present a risk for the minor to…
Everything depends on the wording of your marriage contract. If there is an "allotment to the surviving spouse" clause, the surviving spouse becomes the owner of the entire estate. Failing this, the estate is divided between the surviving spouse and the 2 children in accordance with the law.
If your aunt has been placed under a protective measure by a court judgment (guardianship or curatorship), it is noted on her birth certificate (Article 444 of the Civil Code). You can request a copy of her birth certificate from the town hall of the municipality where she was born.
Yes, you will be required to pay a fee to the notary in charge of liquidating the community estate, representing 0.5916% (incl. VAT) of the value of the property taken over. Added to this is the cost of any formalities. On the other hand, this value is not included in…
No. Married couples are required to contribute to the expenses of marriage and the maintenance of children, regardless of their matrimonial regime. The wedding expenses include various expenses, in particular those relating to accommodation and food. If the spouses are free to provide in their marriage contract a distribution of…
No. When the compensatory allowance was paid in the form of an annuity, at the time of the death of the debtor spouse, in principle it is immediately payable in the form of a lump sum. Reversion pensions are deducted from the amount of this compensatory allowance (art. 280-1 and…
Yes. Article 642 of the General Tax Code provides that when the deceased has passed away outside the department of Martinique where they were domiciled, the heirs have a one-year period to file the inheritance declaration with the tax authorities (as an exception to the six-month period).
No. When the compensatory allowance was paid in the form of an annuity, at the time of the death of the debtor spouse, in principle it is immediately payable in the form of a lump sum. Reversion pensions are deducted from the amount of this compensatory allowance (art. 280-1 and…
No. In principle, usufruct ends with the death of the usufructuary (art. 617 C. civ.). However, if the donor retains the usufruct of the donated property, it is possible to include a "reversion of usufruct" clause in the deed of donation. In this way, on the donor's death, the usufruct…
Yes . When a person benefits from a guardianship, only his guardian can request the annulment of the act for insanity of mind (art. 414-2 C. civ. and 475 al. 1 C. civ.) for the protected person's account. This action can also be brought by his heirs but only in…
Yes. It is possible to draw up a "future protection" mandate before a notary, in which you appoint a trustworthy person to look after your child's interests. You must be materially and emotionally responsible for your child at the time the mandate is signed, and the child must be unable…
Yes. It is entirely possible to make a donation to your minor grandchildren. This donation must be accepted by their legal administrators (their parents), in accordance with Article 935 of the Civil Code. However, you can specify in the donation act that the donated assets be managed by a third…
Yes. A future protection mandate does not prevent the protected person from disposing of their property with the assistance of their agent. However, Article 490 paragraph 2 of the Civil Code requires the agent to obtain the authorization of the guardianship judge to "perform a disposition act for free." The…
No. The French Civil Code does not provide for an obligation to provide support between brothers and sisters. However, the courts do recognize the existence of a natural obligation: this means that your brother in need cannot force you to help him, but that you can help him voluntarily. However…
It depends. The law stipulates that daughters-in-law and sons-in-law are obliged to help their parents-in-law materially and financially as part of the obligation to provide support (art. 206 C. civ.). The death of your husband does not terminate this obligation (Lyon Jan. 25, 1967). On the other hand, if you…
Yes, in exceptional cases, posthumous marriage may be authorized by the President of the Republic under article 171 of the French Civil Code. Two conditions must be met: it must be proven that the deceased really wished to marry, based on a sufficient number of facts (his or her behavior…
No. To be able to benefit from a deferred salary claim, the descendants of the deceased farmer must be over the age of 18 and participate directly and effectively in the operation. However, they must not have been associated with profits and losses, nor received salaries in cash (L.321-13 C…
Yes . When a person is no longer able to express their will due to a medically confirmed alteration of their mental faculties, it is possible to request a family authorization from the guardianship judge. The authorization may be general or relate only to certain acts in regard to the…
No. For a will to be valid, it must take one of the forms provided for by Article 969 of the Civil Code: holographic, authentic, or mystic, all of which require a written document. A will made on video is therefore null and void and cannot produce any effects (Reply…
... Will the amount collected fall under the community? No. If the community consists of all the property acquired during the marriage by the couple, the indemnities which are exclusively attached to the person of the husband or wife following an action for compensation for bodily injury or moral, constitute…
No. For tax purposes, the kinship created by simple adoption is not considered for the calculation of gift or inheritance taxes (Article 786 of the General Tax Code), except for certain exceptions. However, these exceptions apply only to the adopted person and not to the adoptive parent. Your stepfather will…
If it appears that your mother is no longer capable of looking after her own interests, you must inform her of your intention to implement the mandate. Her condition must then be certified by a doctor chosen from a list drawn up by the public prosecutor. This medical certificate and…
Yes, but under certain conditions. As long as the mandate has not taken effect, you can renounce your status as mandatary (art. 489 al. 2 C. civ. and 492 al. 3 C. civ.). You must notify your decision to your mother, the mandator, by registered letter with acknowledgement of receipt…
Yes. A future protection mandate does not prevent the protected person from disposing of their property with the assistance of their agent. However, Article 490 paragraph 2 of the Civil Code requires the agent to obtain the authorization of the guardianship judge to "perform a disposition act for free." The…
Yes. When a person dies without descendants, their surviving spouse is entitled to inherit their estate, either alone or in concurrence with the deceased's father and mother (according to articles 756 and 757-1 of the Civil Code). Civil law defines the 'successor' spouse as the surviving, undivorced spouse of the…
No. For tax purposes, the kinship created by simple adoption is not considered for the calculation of gift or inheritance taxes (Article 786 of the General Tax Code), except for certain exceptions. However, these exceptions apply only to the adopted person and not to the adoptive parent. Your stepfather will…
Yes . Any person may designate in advance the person responsible for exercising the functions of curator or tutor if they were to be placed under a measure of judicial protection (art. 448 C. civ.). To be valid, the designation must be made by declaration before a notary, or by…
Yes . When a person benefits from a guardianship, only his guardian can request the annulment of the act for insanity of mind (art. 414-2 C. civ. and 475 al. 1 C. civ.) for the protected person's account. This action can also be brought by his heirs but only in…
No. Despite your years of separation, you still retain the status of "entitled spouse" (Article 732 of the Civil Code). In the absence of children, the law provides that you are entitled to at least 1/4 of his estate (Article 914-1 of the Civil Code). Therefore, you are entitled to…
If your aunt has been placed under a protective measure by a court judgment (guardianship or curatorship), it is noted on her birth certificate (Article 444 of the Civil Code). You can request a copy of her birth certificate from the town hall of the municipality where she was born.
No. Regardless of the origin of the co-ownership (whether from an inheritance or a divorce, for example), a co-ownership agreement is always optional. However, since decisions must generally be made unanimously by all co-owners, which can be a source of difficulties, the agreement allows you to organize in advance the…
No. Despite your years of separation, you still retain the status of "entitled spouse" (Article 732 of the Civil Code). In the absence of children, the law provides that you are entitled to at least 1/4 of his estate (Article 914-1 of the Civil Code). Therefore, you are entitled to…
Yes. If you wish to modify your Civil union, you can draw up a new agreement between yourselves, or have it drawn up by a notary. However, as your initial agreement was drawn up by a notary, you must send him your amended agreement so that he can register it…
Will the 3 partners be exempt from real estate capital gains? No. Capital gains realized on the sale of the main residence of the seller on the day of the sale are exempt (article 150 U, II-1° of the General Tax Code). When the property is held through a company…
Yes , loan contracts for an amount greater than 5,000 euros must be declared (article 49B appendix 3 and article 23L appendix 4 of the CGI) to the tax authorities on form no. 2062. You must file this declaration at the same time as your next annual income tax return…
No . Since 2019 it is no longer mandatory to wait two years before being able to change the matrimonial regime. Note : this change must always be carried out in the interest of the family (art. 1397 C. civ.).
Yes. Article 642 of the General Tax Code provides that when the deceased has passed away outside the department of Martinique where they were domiciled, the heirs have a one-year period to file the inheritance declaration with the tax authorities (as an exception to the six-month period).
No . When the adopter himself has children, the court called upon to rule in regard to the adoption verifies that it is not likely to compromise family life (art. 353, para. 3 C. civ. by 361 reference). However, as part of the documents which need to be provided in…
Yes, in principle. When spouses adopt the regime of universal community, all movable and immovable property owned by them on the day of adoption of this regime, and all that they acquire subsequently, are held in common (art. 1526 C. civ.), with the exception of property that is private by…
Yes. If in principle, the adopter must be 15 years older than the person he wishes to adopt, this age difference is reduced to 10 years when the adoption takes place between an individual in a civil union and the child of his partner (art. 344 Civil Code and 361…
No. Article 847 bis of the General Tax Code provides for an exemption from registration fees; in regard to the prior consent to be obtained by a notary (article 342-10 of the Civil Code). As an extension of the bioethics law of August 2, 2021, which extends medically assisted reproduction…
Yes . When a person is no longer able to express their will due to a medically confirmed alteration of their mental faculties, it is possible to request a family authorization from the guardianship judge. The authorization may be general or relate only to certain acts in regard to the…
If it appears that your mother is no longer capable of looking after her own interests, you must inform her of your intention to implement the mandate. Her condition must then be certified by a doctor chosen from a list drawn up by the public prosecutor. This medical certificate and…
"I'm currently in a civil union with my partner and we have two children. I also have a child from my first marriage. We each own 50% of an apartment. I'd like to bequeath the entire usufruct to my current wife, but above all, I don't want to bequeath it…
Generally, when the deceased owned real estate, the value to be considered for the inheritance declaration is the market value on the date of death (Article 761, paragraph 1 of the General Tax Code and BOI-ENR-DMTG-10-40-20 §20). This is the value that would be obtained if the property were sold…
... her property will revert to her spouse. Is it correct? Yes . Renunciation of a bequest has the effect of rendering the testamentary disposition null and void (art. 1043 C. civ.). The devolution of inheritance then takes place as if this provision had never existed. Since your cousin has…
Yes. The termination of the Civil union only becomes opposable to third parties, here to the mutual insurance company, from the day when the publicity formalities have been completed, which means, from the mention made by the state civil officer on the birth certificates of the partners (art. 515-7, al.8…
No. Acceptance up to the amount of the net assets makes it possible to limit the patrimonial risks for the heir since he is not liable for the debts of the deceased, on his personal assets. As long as this acceptance does not present a risk for the minor to…
"I want to adopt the child my wife had from a previous union. His biological father is deceased. Is this possible?" Notary David Ambrosiano answers your questions on the BFM Business program "Le Club du Droit / Passez-moi le notaire".
Buying real estate during divorce proceedings is possible, but the operation is risky. Under the old contentious divorce regime (procedures initiated before January 1, 2021, as in your case), the date of the effects of the divorce between the spouses is fixed on the date of the ONC, subject to…
Yes, if the time limit for appealing against the decision had not expired on the day of death. The divorce takes effect on the date on which the decision pronouncing it acquires the force of res judicata, which means, no longer subject to appeal. The time limit for appeal is…
Yes, but under certain conditions. As long as the mandate has not taken effect, you can renounce your status as mandatary (art. 489 al. 2 C. civ. and 492 al. 3 C. civ.). You must notify your decision to your mother, the mandator, by registered letter with acknowledgement of receipt…
