Notary family law: union, separation, adoption

Updated on Friday 13 March 2026

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I am associated with my spouse and my brother in a family SCI subject to IR. With my spouse, we occupy one of the properties of the SCI as our main residence. The SCI has decided to sell this property (...)

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…
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I am married under the community property regime, but the family home belongs entirely to me. I have two children from a previous relationship. I’ve been told that if I were to pass away, my wife would have to leave the home. Is this true?

No. Pursuant to Article 764 of the French Civil Code, the surviving spouse may request a lifetime right of use and habitation (droit d’usage et d’habitation viager) over the property that was effectively used as the couple’s main residence at the time of death.
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I am the sole owner of a studio apartment that I would like to give to my daughter, retaining the usufruct. I am married. When I die, will my husband benefit from the usufruct of this property?

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…
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I am in the process of divorcing my husband, the non-conciliation order has just been made. If I acquire a property (married in community regime), will it belong to me in its entirety?

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…
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As part of a process of medically assisted procreation, my partner and I must go to a notary to obtain our consent. Is this agreement subject to registration fees ?

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…
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