Frequently asked questions about Succession

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I was living in a common-law relationship in an apartment rented solely in my partner’s name. Unfortunately, she has just passed away. Can I have the lease transferred to my name?

Yes, subject to conditions. Article 14 of Law No. 89-462 of 6 July 1989 provides that, in the event of the tenant’s death, the lease is transferred in particular “to the de facto partner who had been living with [the tenant] for at least one year at the date of…
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We have just inherited a house through joint possession with my brothers and sisters. Is it true that we have five years to share?

No. While the Civil Code provides that partition may be requested at any given time, it does not impose a maximum duration. The co-owners can even decide to conclude an agreement of joint ownership between them relating to the management of the joint goods. Its duration is limited to 5…
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My father, a farmer, has passed away. My parents were married without a prenuptial agreement. My brother is claiming a deferred salary credit against my father’s estate. Will this claim also have to be settled by my mother’s estate?

No. The deferred salary credit is intended to compensate for unpaid assistance provided by a descendant to the farming operator. Since your mother was not herself a farmer, your brother cannot claim a deferred salary credit against her estate. Their matrimonial regime has no impact on this matter.
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Following the death of our parents, we signed an act of sharing with my sisters. Two days later, one of them came to the family home to claim a property that had been assigned to me. Does she have the right to do so?

No. Following the partition, each co-heir is deemed to have succeeded alone and immediately to all the effects included in his lot and cannot take ownership of the other assets of the succession (art. 883 C. civ.). Consequently, it is not possible for a co-partitioner to appropriate property attributed to…
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