My husband and I have been living apart for several years and no longer have any contact. I found out that he's started a new life. Is it possible to deprive him of all the rights to my estate?

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…
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A few years ago, my mother signed a mandate for future protection and appointed me as her proxy. Today, she seems to be losing her memory and isn't always aware of what she's doing. How do I go about implementing this measure?

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…
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The father of my child, a minor, has passed away. He was a big spender and I know that he had applied for an over indebtedness procedure. I would like to renounce the estate in my child's name. What is the procedure?

To renounce an estate in the name of a minor, you must first obtain the agreement of the family affairs judge acting as guardianship judge at your local court. To do so, you need to send him or her a request using the Cerfa form n°15811*03. Once the authorization has…
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I am single and have no children. My niece wants to buy her own home and I would like to help her financially. What is the maximum amount I can give her without having to pay donation tax?

Theoretically speaking, nieces and nephews benefit from an allowance of 7967 euros on the value of donations received from their aunt or uncle (art. 779 V of the CGI). If you have no children of your own, your niece may also claim the 31865-euro allowance applicable to the donations. The…
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I entered into a civil partnership 5 years ago. We separated 2 years ago without breaking our civil union. I've met someone and we're getting married. Is it true that marriage automatically ends the civil union?

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…
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I rent a parking space in the residence which is right next to mine. My landlord has informed me that he has sold it to one of the co-owners of his building, without offering it to me. Did he have the right to do so?

Yes, the tenant's right of pre-emption in the case of the sale of a property leased by him only applies to residential or mixed-use premises that constitute the tenant's principal residence. Therefore, it does not apply to the sale of a parking space, unless it constitutes an accessory to the…
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My wife and I are married under the community of property regime. We haven't been living together for several years and would like to have this legal separation declared by a judge. If we ever decide to live together again, what would be the consequences?

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…
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Real estate market report n°59 - april 2023

french property market report 59
15 May 2023

Real estate situation analyzed by the notaires de France: property prices and trends in the 4th quarter 2022

  • Real estate