Frequently asked questions about Famille

A question ? Need help ?

I intend to marry under the separate property regime (séparation de biens). If I personally finance renovation works in our main residence, which is solely owned by my spouse, will I be able to recover my funds in the event of a divorce?

Yes. In the context of a divorce, financial adjustments may be made between spouses. If you have used personal funds to improve a property that belongs exclusively to your spouse, you may assert a claim (créance) against them. This is governed by Articles 1478 and 1479 of the French Civil…
See more
I divorced by mutual consent in 2002. My ex-wife and I had signed a spousal gift agreement. Is it still valid?

For a divorce granted before 2005, Article 268 of the French Civil Code, as amended by the 1975 law, applies. At that time, spouses divorcing by mutual consent had to decide the fate of the spousal gift. Three scenarios are therefore possible: The gift is maintained in the divorce agreement…
See more
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…
See more
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.
See more

Can't find your question ?

Ask a question to a jurist of Notaires Infos

Notaires-infos

Tél. : 0.892.011.012
(0,80 cts / min.)

Poser une question