Frequently asked questions about Famille

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I intend to marry under the separate property regime (séparation de biens). If I personally finance renovation works in our main residence, which is solely owned by my spouse, will I be able to recover my funds in the event of a divorce?

Yes. In the context of a divorce, financial adjustments may be made between spouses. If you have used personal funds to improve a property that belongs exclusively to your spouse, you may assert a claim (créance) against them. This is governed by Articles 1478 and 1479 of the French Civil…
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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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Following their divorce, my father paid his ex-wife a compensatory allowance, in the form of an annuity. He has passed away. I learned that she was going to receive a survivor's pension. Are these two services cumulative?

No. When the compensatory allowance was paid in the form of an annuity, at the time of the death of the debtor spouse, in principle it is immediately payable in the form of a lump sum. Reversion pensions are deducted from the amount of this compensatory allowance (art. 280-1 and…
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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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