Notary family law: union, separation, adoption

Updated on Thursday 13 November 2025

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My husband was retired. He passed away and left a huge debt. I plan to renounce his succession. Am I still entitled to the survivor's pension?

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…
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We are married and have no children. When I die, will my husband inherit my property even though we are married under the separation of property regime?

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…
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My father owned and operated a farm. My brother participated in this activity without being paid but received the profits from the exploitation. Can he claim a deferred salary as part of our father's estate?

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…
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I am married under the community of property regime (community of acquisitions). I own a real estate property received as a gift, which I rent out. In the event of divorce, can I claim full ownership of the rental income?

No. Pursuant to Article 1401 of the French Civil Code, the fruits (rental income) of separate property constitute community property. Therefore, in the event of divorce, the rental income belonging to the community will be divided equally between the spouses (Article 1475 of the Civil Code).
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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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