Frequently asked questions about Famille

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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 son is under simple guardianship (curatelle simple) and I am his guardian (curateur). He has found an apartment and is about to sign the lease. I won’t be able to attend the signing. Can he sign it without my involvement?

Yes. Even though your son is under guardianship, he retains the capacity to perform certain legal acts independently. Your intervention is only required for more serious acts, for which a guardian would need judicial authorisation, as specified in Article 467 of the French Civil Code. Signing a residential lease for…
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I am married under the community of property regime (community of acquisitions). I own a real estate property received as a gift, which I rent out. In the event of divorce, can I claim full ownership of the rental income?

No. Pursuant to Article 1401 of the French Civil Code, the fruits (rental income) of separate property constitute community property. Therefore, in the event of divorce, the rental income belonging to the community will be divided equally between the spouses (Article 1475 of the Civil Code).
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