Frequently asked questions about Famille

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My spouse, with whom I had been living separately for several years, has just passed away. He had no children, and I have learned that he left all his assets to the Red Cross. Is this legal ?

No. Despite your years of separation, you still retain the status of "entitled spouse" (Article 732 of the Civil Code). In the absence of children, the law provides that you are entitled to at least 1/4 of his estate (Article 914-1 of the Civil Code). Therefore, you are entitled to…
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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 spouse and I have divorced. During our marriage, we bought a house that we wish to keep. Are we required to establish a co-ownership agreement ?

No. Regardless of the origin of the co-ownership (whether from an inheritance or a divorce, for example), a co-ownership agreement is always optional. However, since decisions must generally be made unanimously by all co-owners, which can be a source of difficulties, the agreement allows you to organize in advance the…
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My husband was retired. He passed away and left a huge debt. I plan to renounce his succession. Am I still entitled to the survivor's pension?

Yes. By renouncing the succession of your spouse, you lose the status of heir (article 805 of the Civil Code). On the other hand, you retain the status of spouse. However, the survivor's pension is a right reserved for the spouse or ex-spouse in the event of the death of…
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