Frequently asked questions about Famille

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We have two children and have changed our matrimonial regime to universal community. If one of us dies, will the surviving spouse inherit all the community property?

Everything depends on the wording of your marriage contract. If there is an "allotment to the surviving spouse" clause, the surviving spouse becomes the owner of the entire estate. Failing this, the estate is divided between the surviving spouse and the 2 children in accordance with the law.
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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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It is a matter of public knowledge that I am my father’s daughter, but he never acknowledged me. He passed away last year. The notary tells me that I am not his heir unless a legal parent-child relationship is established. What does this mean?

To be considered an heir, you must be officially designated as his daughter. Since he can no longer acknowledge you, you may establish possession of status either by a notarised affidavit (Article 310-1 of the French Civil Code) or by a court judgment (Article 330 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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I am married. Can I buy property alone?

Yes. Ownership depends on your matrimonial regime. Under separation of property, you are sole owner; under community property it is generally joint unless funded with personal assets (Civil Code, Articles 1421 and 1424).
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