Frequently asked questions about Famille

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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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4 years ago my father took out a loan to buy his house. The bank then registered a mortgage on the property. We recently had him placed under curatorship. We've just learned that he hasn't paid the last instalments and that the bank is threatening to...

...seize his house. Is this possible despite the protective measure? Yes. The protection of the protected person's home has the effect of limiting the acts that his representative can perform (art. 426 C. civ.). However, this does not mean that the property cannot be seized by creditors, in this case…
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Am I required to change my surname when I get married?

No. Marriage has no effect on your surname. However, as an option, the law allows you to use your spouse’s surname, for usage purposes only, either by substitution or by adding it to your own surname in the order you choose (Article 225-1 of the French Civil Code).
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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?

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…
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