Frequently asked questions about Famille

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I am getting divorced. As part of the liquidation of our matrimonial property regime, the notary has informed me that the community assets are insufficient for me to recover the full amount of money I inherited. Is this possible?

Yes. The law provides that, where the community assets are insufficient, “the deductions made by each spouse shall be proportional to the amount of the reimbursement claims (récompenses) due to him or her” (Article 1472, paragraph 1, of the French Civil Code).
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I am getting divorced. As part of the liquidation of our matrimonial property regime, the notary has informed me that the community assets are insufficient for me to recover the full amount of money I inherited. Is this possible?

Yes. The law provides that, where the community assets are insufficient, “the deductions made by each spouse shall be proportional to the amount of the reimbursement claims (récompenses) due to him or her” (Article 1472, paragraph 1, of the French Civil Code).
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My husband and I have been living apart for several years and no longer have any contact. I found out that he's started a new life. Is it possible to deprive him of all the rights to my estate?

No. Subject to the absence of children and the predecease of the deceased's father and mother, the surviving (non-divorced) spouse is entitled to the full inheritance of his or her spouse (art. 757-2 C. civ.). Although you can reduce your husband's rights by bequeathing your assets to whomever you wish…
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As part of a process of medically assisted procreation, my partner and I must go to a notary to obtain our consent. Is this agreement subject to registration fees ?

No. Article 847 bis of the General Tax Code provides for an exemption from registration fees; in regard to the prior consent to be obtained by a notary (article 342-10 of the Civil Code). As an extension of the bioethics law of August 2, 2021, which extends medically assisted reproduction…
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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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