Frequently asked questions about Famille

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I am associated with my spouse and my brother in a family SCI subject to IR. With my spouse, we occupy one of the properties of the SCI as our main residence. The SCI has decided to sell this property (...)

Will the 3 partners be exempt from real estate capital gains? No. Capital gains realized on the sale of the main residence of the seller on the day of the sale are exempt (article 150 U, II-1° of the General Tax Code). When the property is held through a company…
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My wife and I are married without a contract. She left the marital home several years ago. We don't want a divorce or legal separation. However, we would like to declare our income separately. Is this possible?

Yes, under certain conditions. In principle, when you are married, you are subject to joint taxation with your spouse for the income each of you receives (art. 6, 1, CGI). However, it is possible to request separate taxation when one of the spouses has abandoned the marital home and each…
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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 boyfriend and I want to get married. We are 19 years old. He's a foreigner, and in his country the age of majority is 21. Can we still enter a civil partnership in France?

No, only individuals of legal age are permitted to enter a civil union (Art. 515-1 C. civ.). Additionally, as it involves a contract, one must also possess the capacity to contract. For persons of foreign nationality, their legal capacity is determined by the laws of their respective countries (Art. 3…
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My cousin passed away. She was married but separated from her spouse. She had no children, no siblings and her parents passed away as well. In her will, she bequeathed all of her real estate to me. My notary tells me that if I give up (...)

... her property will revert to her spouse. Is it correct? Yes . Renunciation of a bequest has the effect of rendering the testamentary disposition null and void (art. 1043 C. civ.). The devolution of inheritance then takes place as if this provision had never existed. Since your cousin has…
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