Frequently asked questions about Famille

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I own a house inherited from my parents. Upon my death, I wish to bequeath it to one of my daughters, then have it passed on to my grandson upon her death, with the condition that he transfers it to his future child. Is this possible ?

Partially. By will, you can bequeath this house to your daughter with the condition that she keeps and transfers it to her son (Article 1051 of the Civil Code). However, the law does not allow you to impose this condition on your grandson (Article 1053 paragraph 1 of the Civil…
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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 ?

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…
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My husband was retired. He passed away and left a huge debt. I plan to renounce his succession. Am I still entitled to the survivor's pension?

Yes. By renouncing the succession of your spouse, you lose the status of heir (article 805 of the Civil Code). On the other hand, you retain the status of spouse. However, the survivor's pension is a right reserved for the spouse or ex-spouse in the event of the death of…
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My father is experiencing serious financial difficulties. We have been estranged for 20 years. Can he ask me for financial support?

Yes. Article 205 of the Civil Code provides for a maintenance obligation towards parents or other ascendants who are in need. However, Article 207 of the Civil Code provides an exception: the judge may relieve the debtor of this obligation if the creditor has seriously failed in their own obligations…
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Can we change matrimonial property regime?

Yes. Spouses may change regime at any time by notarial deed. However, if opposed by an adult child, protected adult/minor’s representative, or creditor, court approval is required. When minor children exist, the notary may request approval if the change harms their interests (Civil Code, Article 1397).
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