Frequently asked questions about Famille

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Several years ago, I built my house on a piece of land owned by my sister. When I decided to sell the property, I discovered that my name was not on the title deed. Is this normal ?

Yes. Under French law, the principle is that ownership of the land includes ownership of everything on and beneath it (Article 552 of the Civil Code). This means that even if you financed the construction of the house, your sister remains the owner. For the house to become your property…
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My mother has passed away. We found a video in which she stated that she is leaving all her belongings to my brother's children. Is this will valid ?

No. For a will to be valid, it must take one of the forms provided for by Article 969 of the Civil Code: holographic, authentic, or mystic, all of which require a written document. A will made on video is therefore null and void and cannot produce any effects (Reply…
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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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I am divorcing by mutual consent. My spouse and I plan to sell our jointly owned home. Will the sale be taxed?

It depends. A 1.10% shared tax applies if a formal division is recorded. However, an informal verbal division is not taxed. If mentioned in a later document, it becomes taxable. divorce agreements must include a division of joint assets (Article 229-3 of the Civil Code).
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I own a house inherited from my parents. Upon my death, I wish to bequeath it to one of my daughters, then have it passed on to my grandson upon her death, with the condition that he transfers it to his future child. Is this possible ?

Partially. By will, you can bequeath this house to your daughter with the condition that she keeps and transfers it to her son (Article 1051 of the Civil Code). However, the law does not allow you to impose this condition on your grandson (Article 1053 paragraph 1 of the Civil…
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