Frequently asked questions about Famille

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I have been divorced for 32 years, and we divided our assets in 2018. At that time, I became the sole owner of the house. Today, I am selling it. Will I be liable for capital gains tax?

Yes. The seller is exempt from capital gains tax when selling a property that has been owned for more than 30 years (BOI-RFPI-PVI-20-20 §§60 and 70). In your case, the holding period must be calculated in two separate parts: You became the owner of half of the property more than…
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My husband and I have been living apart for several years and no longer have any contact. I found out that he's started a new life. Is it possible to deprive him of all the rights to my estate?

No. Subject to the absence of children and the predecease of the deceased's father and mother, the surviving (non-divorced) spouse is entitled to the full inheritance of his or her spouse (art. 757-2 C. civ.). Although you can reduce your husband's rights by bequeathing your assets to whomever you wish…
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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 husband has passed away. As part of his support obligation, he paid his parents a sum every month to help them pay for their retirement home (EPHAD). Will I have to continue paying it?

It depends. The law stipulates that daughters-in-law and sons-in-law are obliged to help their parents-in-law materially and financially as part of the obligation to provide support (art. 206 C. civ.). The death of your husband does not terminate this obligation (Lyon Jan. 25, 1967). On the other hand, if you…
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