Frequently asked questions about Famille

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Yes, but under certain conditions. As long as the mandate has not taken effect, you can renounce your status as mandatary (art. 489 al. 2 C. civ. and 492 al. 3 C. civ.). You must notify your decision to your mother, the mandator, by registered letter with acknowledgement of receipt…

No, subject to conditions. A person under guardianship may accept an inheritance alone, provided they have a certificate from the notary stating that the assets clearly exceed the liabilities (Article 467 of the French Civil Code, which refers to Article 507-1 of the Civil Code on guardianship). In the absence…

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…

Yes . When the spouses are married under the regime of the legal community, three patrimonies are to be distinguished: the patrimony specific to each spouse and the common patrimony. During couple life, financial movements often take place between the different assets. The mechanism of rewards is intended to restore…

Yes . When a person benefits from a guardianship, only his guardian can request the annulment of the act for insanity of mind (art. 414-2 C. civ. and 475 al. 1 C. civ.) for the protected person's account. This action can also be brought by his heirs but only in…

Frequently asked questions about Famille

A question ? Need help ?

A few years ago, my mother had her notary draw up a mandate for future protection and appointed me as proxy. I've accepted this responsibility, but I'd like to give it up. Is this possible?

My sister and I are heirs to our father’s estate. My sister is under enhanced guardianship (curatelle renforcée). Do we need the judge’s authorisation to accept the inheritance outright?

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?

Before our marriage my husband owned a car which he sold during the marriage. The notary tells me that he received a reward equal to the sale price. Is this normal ?

A few months before her death, my mother took out a loan from a bank. However, I had taken steps to have her placed under guardianship. She died before the judge made his decision. Can I still take legal action and request the cancellation of this loan?