Frequently asked questions about Famille

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I am married under the community property regime. My husband acted as guarantor for a friend. That friend has now defaulted, and my husband is being called upon to honour the guarantee. Can the creditor seize my income?

No. The law provides that when one spouse acts as guarantor without the express consent of the other, only their personal assets and income are liable. Therefore, if you did not sign the guarantee agreement, your earnings and salary cannot be seized (Article 1415 of the French Civil Code).
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My wife and I are married under the community of property regime. We haven't been living together for several years and would like to have this legal separation declared by a judge. If we ever decide to live together again, what would be the consequences?

The resumption of cohabitation puts an end to the legal separation and re-establishes the previous effects attached to the marriage, with the exception of the matrimonial property regime, the separation of property being maintained (art. 305, al. 1 and 3 C. civ.). Please note: for this situation to be known…
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Pacs: how can you reserve your entire inheritance for your partner?

"I'm currently in a civil union with my partner and we have two children. I also have a child from my first marriage. We each own 50% of an apartment. I'd like to bequeath the entire usufruct to my current wife, but above all, I don't want to bequeath it…
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I have an adult disabled child. I'd like to be able to choose the person in charge of his or her interests in the event of my death. Is this possible?

Yes. It is possible to draw up a "future protection" mandate before a notary, in which you appoint a trustworthy person to look after your child's interests. You must be materially and emotionally responsible for your child at the time the mandate is signed, and the child must be unable…
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