Frequently asked questions about Famille

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I sold a property that I owned before my marriage (under the community property regime). I now wish to reinvest the proceeds from this sale into the purchase of an apartment. How can I ensure that this new property belongs to me exclusively?

Reminder: All assets acquired during the marriage are presumed to be jointly owned (Article 1401 of the French Civil Code). To ensure that the new apartment remains your separate property, you must ask your notary to include a reinvestment clause (clause de remploi) in the deed of sale (Article 1434…
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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 was adopted (full adoption) several years ago. I no longer get along with my adoptive parents and wish to end the adoption. Is this possible?

No. Once granted, adoption is irrevocable (Civil Code, Article 359). However, Article 345-2 paragraph 2 of the Civil Code provides two exceptions: • A new adoption is possible if the adoptive parents have died. • A simple adoption may be granted for a child already fully adopted if there are…
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We have just gotten married without a contract, but we have changed our minds and wish to divide our property. Is there a deadline to make this change?

No . Since 2019 it is no longer mandatory to wait two years before being able to change the matrimonial regime. Note : this change must always be carried out in the interest of the family (art. 1397 C. civ.).
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My ex-husband passed away. He was very spendthrift. As the legal representative of our minor child, I am considering making an acceptance up to the net assets on his behalf. Is the authorization of the guardianship judge obligatory?

No. Acceptance up to the amount of the net assets makes it possible to limit the patrimonial risks for the heir since he is not liable for the debts of the deceased, on his personal assets. As long as this acceptance does not present a risk for the minor to…
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