| Notaires de France

...became a partner in the company. Do I have to declare the company's profits? No. When ownership of shares is divided between a usufructuary and a bare owner, it is up to the usufructuary to declare the sums he or she receives from the company's profits (art. 8 CGI), which…

No, only individuals of legal age are permitted to enter a civil union (Art. 515-1 C. civ.). Additionally, as it involves a contract, one must also possess the capacity to contract. For persons of foreign nationality, their legal capacity is determined by the laws of their respective countries (Art. 3…

Yes, under certain conditions. In principle, when you are married, you are subject to joint taxation with your spouse for the income each of you receives (art. 6, 1, CGI). However, it is possible to request separate taxation when one of the spouses has abandoned the marital home and each…

...seize his house. Is this possible despite the protective measure? Yes. The protection of the protected person's home has the effect of limiting the acts that his representative can perform (art. 426 C. civ.). However, this does not mean that the property cannot be seized by creditors, in this case…

Yes, in certain cases. When the sale involves most of the shares in a SCI that owns a property whose sale would itself be subject to the town's right of pre-emption, the town council can exercise this right (art. L.213-1, 3° C. urbanism). Good to know: this right of pre-emption…

If two individuals die in the same event, and each was entitled to inherit from the other, as often occurs with spouses, each estate is settled according to the order of death (Art. 725-1 C. civ.). This order can be established by any means. If it is impossible to determine…

When a notary is entrusted with a will, it is registered in the central register of last wills and testaments, unless the testator objects (Art. 4.1.b of the Basel Convention of May 16, 1972, on the Establishment of a Scheme of Registration of Wills). If the will has been registered…

Yes. If you wish to modify your Civil union, you can draw up a new agreement between yourselves, or have it drawn up by a notary. However, as your initial agreement was drawn up by a notary, you must send him your amended agreement so that he can register it…

It depends. The law stipulates that daughters-in-law and sons-in-law are obliged to help their parents-in-law materially and financially as part of the obligation to provide support (art. 206 C. civ.). The death of your husband does not terminate this obligation (Lyon Jan. 25, 1967). On the other hand, if you…

Yes. For the fees associated with a gift deed, the notary's fees are calculated based on the full value of the property. This applies even when the donor retains the usufruct of the property (art. A444-67 C. com.).

A few years ago, my parents, who were married and living separate and apart, set up an SCI subject to income tax. They were the only two partners. My mother has died, and my father has opted for usufruct. As the bare owner of my mother's shares, I...

My boyfriend and I want to get married. We are 19 years old. He's a foreigner, and in his country the age of majority is 21. Can we still enter a civil partnership in France?

My wife and I are married without a contract. She left the marital home several years ago. We don't want a divorce or legal separation. However, we would like to declare our income separately. Is this possible?

4 years ago my father took out a loan to buy his house. The bank then registered a mortgage on the property. We recently had him placed under curatorship. We've just learned that he hasn't paid the last instalments and that the bank is threatening to...

My friends and I set up a SCI to buy a building in the city centre. I am the majority shareholder. I would now like to sell all my shares and have already found a buyer. Can the town council exercice it's right of emption?

Both my grandparents died in a house fire. They were married without a contract. How will their estates be settled?

My aunt passed away. She wasn't married and had no children. She had planned to leave her house to me. The notary with whom she had deposited her will, told me that she had taken it back. How do I know that they’re telling the truth?

6 years ago, my partner and I entered a civil partnership and had our agreement drawn up by a notary. We had opted for an undivided property regime. For professional reasons, we'd now like to adopt a separate property regime. Should we contact the notary?

My husband has passed away. As part of his support obligation, he paid his parents a sum every month to help them pay for their retirement home (EPHAD). Will I have to continue paying it?

My father is planning to give me bare ownership of an apartment he owns. The notary has estimated its fee without considering the dismemberment of ownership. Is this normal?