Frequently asked questions about Famille

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I lived with one person for thirty years. We wanted to get married, the banns had been published, but he died before the ceremony. Can I have our marriage registered after his death?

Yes, in exceptional cases, posthumous marriage may be authorized by the President of the Republic under article 171 of the French Civil Code. Two conditions must be met: it must be proven that the deceased really wished to marry, based on a sufficient number of facts (his or her behavior…
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I am a widow and I have 2 children who do not get along. I wish to choose the person who will represent me if I were to be placed under judicial protection. Is it possible ?

Yes . Any person may designate in advance the person responsible for exercising the functions of curator or tutor if they were to be placed under a measure of judicial protection (art. 448 C. civ.). To be valid, the designation must be made by declaration before a notary, or by…
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I am married under the regime of community of property reduced to acquisitions. My husband has inherited an undivided share in a real estate property. Today, we wish to purchase the share of his co-owner. Will I become the owner of the property?

No. Under the community of acquisitions regime, assets received by way of succession are considered separate property of the spouse who inherits them (Article 1405, paragraph 1 of the French Civil Code). Consequently, the undivided share inherited by your spouse is his separate property. If you purchase the share of…
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I divorced by mutual consent in 2002. My ex-wife and I had signed a spousal gift agreement. Is it still valid?

For a divorce granted before 2005, Article 268 of the French Civil Code, as amended by the 1975 law, applies. At that time, spouses divorcing by mutual consent had to decide the fate of the spousal gift. Three scenarios are therefore possible: The gift is maintained in the divorce agreement…
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My mother has passed away. We found a video in which she stated that she is leaving all her belongings to my brother's children. Is this will valid ?

No. For a will to be valid, it must take one of the forms provided for by Article 969 of the Civil Code: holographic, authentic, or mystic, all of which require a written document. A will made on video is therefore null and void and cannot produce any effects (Reply…
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