I am cohabiting and I intend to buy out my partner’s share. I have been told about a preferential partition duty. Can I benefit from it?

No. Unlike partitions following legal separation, divorce or the dissolution of a civil partnership (PACS), cohabitation does not benefit from the preferential partition duty of 1.10% on the net assets divided. The applicable rate between cohabitants is 2.50%, or even 5.80% where balancing payments are made (Arts. 746 and 747…
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Ten years ago, I received a gift of real estate from my father. Will its value be reassessed at the time of his succession?

Yes. The principle of revaluation of gifts is set out in Article 860 of the Civil Code. The asset is valued at the time of partition based on its condition at the time of the gift. If the asset has been sold, the notary will consider the sale price or…
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My mother has just passed away. We are three children, but we have not heard from one of my brothers for many years. Can the estate be settled without him?

No. Dividing an estate requires the participation of all heirs. The notary will suggest hiring a genealogist to locate your brother. If these efforts fail, the guardianship judge may, at your request and with supporting evidence of your brother’s disappearance, issue a judgment of presumption of absence (Art. 112 Civil…
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