Frequently asked questions about Famille

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I lived with one person for thirty years. We wanted to get married, the banns had been published, but he died before the ceremony. Can I have our marriage registered after his death?

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…
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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 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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Can an adult under legal protection exercise their right to vote?

Yes. An adult under legal protection may vote. However, they cannot grant proxy voting rights to their court-appointed guardian or to any member of the medical or paramedical staff of the institutions providing their care (Article L72-1 of the French Electoral Code).
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I rent a property that I partly use as my residence and partly for professional purposes. My partner and I are planning to get married. Will she automatically become a co-holder of the lease with me?

No. The co-tenancy rights granted to spouses under Article 1751 of the French Civil Code apply only to leases for premises used exclusively as a family residence. Since the property is used for both residential and professional purposes (mixed use), your spouse will not automatically become a co-holder of the…
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