Frequently asked questions about Famille

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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…

No. Pursuant to Article 764 of the French Civil Code, the surviving spouse may request a lifetime right of use and habitation (droit d’usage et d’habitation viager) over the property that was effectively used as the couple’s main residence at the time of death.

Notary Marie-Hélène Péro Augereau-Hue talks to you on BFM Business's "Le Club du Droit / Passez-moi le notaire" program.

No. An adopted child over the age of 13 must personally consent to their adoption (Civil Code, Art. 349).

No. The law prohibits an adult under protective measures (placed under judicial safeguard, guardianship, curatorship, or family authorisation) from divorcing by mutual consent (Article 229-2, 2° of the French Civil Code).

Frequently asked questions about Famille

A question ? Need help ?

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?

I am married under the community property regime, but the family home belongs entirely to me. I have two children from a previous relationship. I’ve been told that if I were to pass away, my wife would have to leave the home. Is this true?

Does the PACS protect future parents?

I wish to adopt my spouse’s child, who is 14 years old. My notary requires the child’s consent to be collected by notarized deed. Is it possible to proceed by power of attorney?

My spouse is under guardianship. Can we divorce by mutual consent?