Frequently asked questions about Famille

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Following their divorce, my father paid his ex-wife a compensatory allowance, in the form of an annuity. He has passed away. I learned that she was going to receive a survivor's pension. Are these two services cumulative?

No. When the compensatory allowance was paid in the form of an annuity, at the time of the death of the debtor spouse, in principle it is immediately payable in the form of a lump sum. Reversion pensions are deducted from the amount of this compensatory allowance (art. 280-1 and…
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It is a matter of public knowledge that I am my father’s daughter, but he never acknowledged me. He passed away last year. The notary tells me that I am not his heir unless a legal parent-child relationship is established. What does this mean?

To be considered an heir, you must be officially designated as his daughter. Since he can no longer acknowledge you, you may establish possession of status either by a notarised affidavit (Article 310-1 of the French Civil Code) or by a court judgment (Article 330 of the French Civil Code)…
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After their retirement, my parents moved to Portugal, where they bought a house. My father has passed away, and we need to appraise this residence for the inheritance declaration. How should we proceed ?

Generally, when the deceased owned real estate, the value to be considered for the inheritance declaration is the market value on the date of death (Article 761, paragraph 1 of the General Tax Code and BOI-ENR-DMTG-10-40-20 §20). This is the value that would be obtained if the property were sold…
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I am currently undergoing a divorce by mutual consent. My husband and I did not enter into a prenuptial agreement. I have fallen in love with a property. Can I sign a preliminary sale agreement on my own?

Yes. You may sign a preliminary sale agreement on your own; however, the property will be considered joint property if the purchase is completed before the effective date of the divorce, which is the date on which the divorce agreement is filed with a notary. Unless the spouses have agreed…
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My uncle wants to give me a building plot. I'm married with joint ownership. Will my husband have any rights to the property?

Yes, in principle. When spouses adopt the regime of universal community, all movable and immovable property owned by them on the day of adoption of this regime, and all that they acquire subsequently, are held in common (art. 1526 C. civ.), with the exception of property that is private by…
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