Frequently asked questions about Famille

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Before our marriage my husband owned a car which he sold during the marriage. The notary tells me that he received a reward equal to the sale price. Is this normal ?

Yes . When the spouses are married under the regime of the legal community, three patrimonies are to be distinguished: the patrimony specific to each spouse and the common patrimony. During couple life, financial movements often take place between the different assets. The mechanism of rewards is intended to restore…
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My brother has passed away. He was single and didn’t have children. My sister and I have conducted an inventory of his estate for the purposes of the tax inheritance declaration. I live abroad and was able to be represented. (...)

(...) Now the notary is asking us to personally sign the inventory closure deed. Why ? The purpose of closing the inventory is to confirm that all operations have been completed. On this occasion, those who were in possession of the deceased's assets before the inventory or who lived in…
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We have two children and have changed our matrimonial regime to universal community. If one of us dies, will the surviving spouse inherit all the community property?

Everything depends on the wording of your marriage contract. If there is an "allotment to the surviving spouse" clause, the surviving spouse becomes the owner of the entire estate. Failing this, the estate is divided between the surviving spouse and the 2 children in accordance with the law.
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I am married under the separate property regime. My wife and I live in an apartment that I own. I want to sell it and the notary tells me that my wife's consent is required. Is it true?

Yes. This rule is intended to protect the family home and applies even when this property belongs to one of the spouses only. In the absence of your wife's consent to this sale, she could request the cancellation within one year from the day she became aware of it and…
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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?

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.
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