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 partner is of foreign nationality. We plan to get married. Will our union allow him/her to immediately acquire French nationality?

No. Marriage does not automatically have any effect on the nationality (art. 21-1 C. civ.). When a foreign person marries a French person and wishes to obtain the French nationality, they must apply for it by filing a declaration of French nationality via marriage with the dedicated access platform of…
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I am under guardianship and wish to get married. My guardian says he will have a marriage contract drawn up by a notary, even though I do not want one. Can he do that?

Yes. Since the law of 23 March 2019, a protected adult (under guardianship, curatorship, etc.) no longer needs to obtain a judge’s authorization to marry. Only the curator or guardian must be informed of the intended marriage (Art. 460 Civil Code). However, the guardian may request the judge’s authorization to…
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Years ago, my mother remarried, and her husband adopted me (simple adoption). I’d like to give them both some money. I know my mother has a tax allowance. Does my stepfather benefit from one too?

No. For tax purposes, a simple adoption does not create a donation or inheritance tax allowance for the adopter (Art. 786 CGI), with few exceptions, which apply only to the adoptee. Therefore, your stepfather will pay 60% tax on the full amount (Art. 777, IV CGI).
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I am married under the regime of legal community. I must receive compensation in accordance with a decision of the industrial tribunal, in compensation for my moral damage following the harassment to which I was subjected by my employer (...)

... Will the amount collected fall under the community? No. If the community consists of all the property acquired during the marriage by the couple, the indemnities which are exclusively attached to the person of the husband or wife following an action for compensation for bodily injury or moral, constitute…
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