Notary family law: union, separation, adoption

Updated on Thursday 13 November 2025

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A few years ago, my parents, who were married and living separate and apart, set up an SCI subject to income tax. They were the only two partners. My mother has died, and my father has opted for usufruct. As the bare owner of my mother's shares, I...

...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…
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I have an adult disabled child. I'd like to be able to choose the person in charge of his or her interests in the event of my death. Is this possible?

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…
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We are two brothers and one sister co-owning an agricultural land. My sister and I want to lease it, but my brother opposes. Is the agreement of all co-owners required ?

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…
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My son is under simple guardianship (curatelle simple) and I am his guardian (curateur). He has found an apartment and is about to sign the lease. I won’t be able to attend the signing. Can he sign it without my involvement?

Yes. Even though your son is under guardianship, he retains the capacity to perform certain legal acts independently. Your intervention is only required for more serious acts, for which a guardian would need judicial authorisation, as specified in Article 467 of the French Civil Code. Signing a residential lease for…
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We have just gotten married without a contract, but we have changed our minds and wish to divide our property. Is there a deadline to make this change?

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.).
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