Frequently asked questions about Famille

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We have two children and have changed our matrimonial regime to universal community. If one of us dies, will the surviving spouse inherit all the community property?

Everything depends on the wording of your marriage contract. If there is an "allotment to the surviving spouse" clause, the surviving spouse becomes the owner of the entire estate. Failing this, the estate is divided between the surviving spouse and the 2 children in accordance with the law.
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My widowed mother has passed away. To establish the certificate of notoriety (acte de notoriété), the notary is asking me to provide her family record book (livret de famille). I cannot find it. Can I obtain a copy?

No. In the event of loss, it is not possible to obtain a copy of the family record book. According to Article 15 of Decree No. 74-449 of 15 May 1974, only a second family record book may be issued, and only to spouses or parents who do not possess…
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Am I required to change my surname when I get married?

No. Marriage has no effect on your surname. However, as an option, the law allows you to use your spouse’s surname, for usage purposes only, either by substitution or by adding it to your own surname in the order you choose (Article 225-1 of the French Civil Code).
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Nurse, one of my patients has memory loss, she lives alone with no known family. Can I request the opening of a legal protection measure for her?

Yes, but under certain conditions. In principle, only some people can ask the guardianship judge to open a protective measure (art. 430 C. civ.). These are, first and foremost, the person to be protected and his or her immediate family. Third parties should therefore not be able to apply for…
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