Frequently asked questions about Famille

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I am married under the community property regime, but the family home belongs entirely to me. I have two children from a previous relationship. I’ve been told that if I were to pass away, my wife would have to leave the home. Is this true?

No. Pursuant to Article 764 of the French Civil Code, the surviving spouse may request a lifetime right of use and habitation (droit d’usage et d’habitation viager) over the property that was effectively used as the couple’s main residence at the time of death.
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My friend passed away. She was unmarried, had no children, and no siblings. Her biological parents are still alive, and she had been adopted (simple adoption). Do the adoptive parents inherit?

Yes. Article 368-1 of the French Civil Code provides that the estate of a person who was adopted under a simple adoption is divided into two parts: one half goes to the biological family, and the other half to the adoptive family (Article 738-1 of the Civil Code).
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Years ago, my mother remarried, and her husband adopted me (simple adoption). I’d like to give them both some money. I know my mother has a tax allowance. Does my stepfather benefit from one too?

No. For tax purposes, a simple adoption does not create a donation or inheritance tax allowance for the adopter (Art. 786 CGI), with few exceptions, which apply only to the adoptee. Therefore, your stepfather will pay 60% tax on the full amount (Art. 777, IV CGI).
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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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