Frequently asked questions about Famille

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A question ? Need help ?

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…

Yes. When a person dies without descendants, their surviving spouse is entitled to inherit their estate, either alone or in concurrence with the deceased's father and mother (according to articles 756 and 757-1 of the Civil Code). Civil law defines the 'successor' spouse as the surviving, undivorced spouse of the…

Yes. The jurisdiction of the family court judge is not limited solely to disputes between spouses. In particular, the judge has jurisdiction over any application relating to the exercise of parental authority, regardless of the parents’ “matrimonial” relationship (Art. L213-3, 3°(b) of the French Code of Judicial Organisation).

Yes . When a person benefits from a guardianship, only his guardian can request the annulment of the act for insanity of mind (art. 414-2 C. civ. and 475 al. 1 C. civ.) for the protected person's account. This action can also be brought by his heirs but only in…

Yes… but If the divorce occurs during the rental commitment period, one of the ex-spouses may, subject to compliance with all conditions attached to this tax incentive scheme, request to take over the commitment for their own benefit. Otherwise, the tax reduction will be revoked. It is also accepted that…

Frequently asked questions about Famille

A question ? Need help ?

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 ?

We are married and have no children. When I die, will my husband inherit my property even though we are married under the separation of property regime?

I am in a dispute with the mother of my minor children concerning parental authority. We are not married. Does the family court judge nevertheless have jurisdiction?

A few months before her death, my mother took out a loan from a bank. However, I had taken steps to have her placed under guardianship. She died before the judge made his decision. Can I still take legal action and request the cancellation of this loan?

I am in the process of a divorce by mutual consent. My ex-spouse and I purchased a property under the Pinel tax scheme, and the commitment period ends in three years. Can we sell it before this deadline, and what steps should we take?