Frequently asked questions about Famille

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I wish to adopt (simple adoption) the adult children of my wife. I have adult children myself, born from a previous union. Do they have to consent to this adoption ?

No . When the adopter himself has children, the court called upon to rule in regard to the adoption verifies that it is not likely to compromise family life (art. 353, para. 3 C. civ. by 361 reference). However, as part of the documents which need to be provided in…
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My mother has a notarised lasting power of attorney (mandat de protection future), and I am her attorney. She used to make regular monetary gifts to her grandchildren, and I am continuing this practice. The notary says this is not allowed. Is he correct?

Yes. The law prohibits the attorney from carrying out acts of gratuitous disposal (such as a gift) on behalf of the protected person without the prior authorisation of the guardianship judge (Article 490 of the French Civil Code)
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I rent a property that I partly use as my residence and partly for professional purposes. My partner and I are planning to get married. Will she automatically become a co-holder of the lease with me?

No. The co-tenancy rights granted to spouses under Article 1751 of the French Civil Code apply only to leases for premises used exclusively as a family residence. Since the property is used for both residential and professional purposes (mixed use), your spouse will not automatically become a co-holder of the…
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My brother is considering to adopt his spouse's 2 minor children, she had them before. It would be a simple adoption. Our elderly mother is a widow. In the event that my brother dies before our mother, will the adopted children inherit her?

Yes, but…In the context of a simple adoption, the adopted child inherits from his family of origin and also from his adoptive family (Articles 364 and 368 of the Civil Code). If your brother were to predecease your mother, his adopted children would represent their father in his mother's estate…
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My spouse refuses to contribute to household expenses on the grounds that my salary is higher than his. Does he have the right?

No. Married couples are required to contribute to the expenses of marriage and the maintenance of children, regardless of their matrimonial regime. The wedding expenses include various expenses, in particular those relating to accommodation and food. If the spouses are free to provide in their marriage contract a distribution of…
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