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 son is under simple guardianship (curatelle simple) and I am his guardian (curateur). He has found an apartment and is about to sign the lease. I won’t be able to attend the signing. Can he sign it without my involvement?

Yes. Even though your son is under guardianship, he retains the capacity to perform certain legal acts independently. Your intervention is only required for more serious acts, for which a guardian would need judicial authorisation, as specified in Article 467 of the French Civil Code. Signing a residential lease for…
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My wife and I are married under the community of property regime. We haven't been living together for several years and would like to have this legal separation declared by a judge. If we ever decide to live together again, what would be the consequences?

The resumption of cohabitation puts an end to the legal separation and re-establishes the previous effects attached to the marriage, with the exception of the matrimonial property regime, the separation of property being maintained (art. 305, al. 1 and 3 C. civ.). Please note: for this situation to be known…
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My mother, who has Alzheimer's disease, lives in a retirement home. The latter no longer has enough cash to finance it. Is it possible within the framework of a family authorization to ask the judge to buy back the premiums of her life insurance contract?

Yes . When a person is no longer able to express their will due to a medically confirmed alteration of their mental faculties, it is possible to request a family authorization from the guardianship judge. The authorization may be general or relate only to certain acts in regard to the…
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