Frequently asked questions about Famille

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My father owned and operated a farm. My brother participated in this activity without being paid but received the profits from the exploitation. Can he claim a deferred salary as part of our father's estate?

No. To be able to benefit from a deferred salary claim, the descendants of the deceased farmer must be over the age of 18 and participate directly and effectively in the operation. However, they must not have been associated with profits and losses, nor received salaries in cash (L.321-13 C…
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I am married under the community property regime and am in the process of getting divorced. I own my own property and I'm wondering if there are any costs involved in repossessing it?

Yes, you will be required to pay a fee to the notary in charge of liquidating the community estate, representing 0.5916% (incl. VAT) of the value of the property taken over. Added to this is the cost of any formalities. On the other hand, this value is not included in…
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I am cohabiting and I intend to buy out my partner’s share. I have been told about a preferential partition duty. Can I benefit from it?

No. Unlike partitions following legal separation, divorce or the dissolution of a civil partnership (PACS), cohabitation does not benefit from the preferential partition duty of 1.10% on the net assets divided. The applicable rate between cohabitants is 2.50%, or even 5.80% where balancing payments are made (Arts. 746 and 747…
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My partner is of foreign nationality. We plan to get married. Will our union allow him/her to immediately acquire French nationality?

No. Marriage does not automatically have any effect on the nationality (art. 21-1 C. civ.). When a foreign person marries a French person and wishes to obtain the French nationality, they must apply for it by filing a declaration of French nationality via marriage with the dedicated access platform of…
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My brother is in need. Our parents are deceased and he's not married with no children. Our relationship is very bad. Am I obliged to help him?

No. The French Civil Code does not provide for an obligation to provide support between brothers and sisters. However, the courts do recognize the existence of a natural obligation: this means that your brother in need cannot force you to help him, but that you can help him voluntarily. However…
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