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No. When an heir has predeceased (in this case, your father died before his own father), his heirs represent him in the estate to be settled. For the mechanism of representation to apply, there must be a plurality of branches (in practical terms, your father would have needed to have…

As a rule, acts of disposal must be adopted by a majority of co-owners representing at least two-thirds of the votes, unless the sale of the common area affects the purpose of the building or modifies the provisions of the co-ownership regulations relating to the building’s purpose. In such a…

No. Pursuant to Article 1401 of the French Civil Code, the fruits (rental income) of separate property constitute community property. Therefore, in the event of divorce, the rental income belonging to the community will be divided equally between the spouses (Article 1475 of the Civil Code).

No. The law provides that when one spouse acts as guarantor without the express consent of the other, only their personal assets and income are liable. Therefore, if you did not sign the guarantee agreement, your earnings and salary cannot be seized (Article 1415 of the French Civil Code).

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The notary’s fees are calculated based on the full ownership value of the property, even if you retain the usufruct. This is provided for under Article A444-67 of the French Commercial Code.

Yes. Article 368-1 of the French Civil Code provides that the estate of a person who was adopted under a simple adoption is divided into two parts: one half goes to the biological family, and the other half to the adoptive family (Article 738-1 of the Civil Code).

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.

Reminder: All assets acquired during the marriage are presumed to be jointly owned (Article 1401 of the French Civil Code). To ensure that the new apartment remains your separate property, you must ask your notary to include a reinvestment clause (clause de remploi) in the deed of sale (Article 1434…

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My father passed away a long time ago. My paternal grandfather has just passed away. My brother and I are his heirs. Can each of us benefit from the €100,000 tax allowance applicable to children?

What majority is required at a general meeting of co-owners to sell a common area?

I am married under the community of property regime (community of acquisitions). I own a real estate property received as a gift, which I rent out. In the event of divorce, can I claim full ownership of the rental income?

I am married under the community property regime. My husband acted as guarantor for a friend. That friend has now defaulted, and my husband is being called upon to honour the guarantee. Can the creditor seize my income?

I am considering donating the bare ownership (nue-propriété) of a real estate property to my child while retaining the usufruct. On what basis will the notary’s fees (emoluments) be calculated?

My friend passed away. She was unmarried, had no children, and no siblings. Her biological parents are still alive, and she had been adopted (simple adoption). Do the adoptive parents inherit?

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?

I sold a property that I owned before my marriage (under the community property regime). I now wish to reinvest the proceeds from this sale into the purchase of an apartment. How can I ensure that this new property belongs to me exclusively?