I just found out that my father passed away 12 years ago. We no longer had any contact due to a family disagreement. Can I claim my share in the estate after so many years?

In principle, you lose the status of heir if you have not opted within the period of 10 years from the opening of the succession, from the date of death. You are then deemed to renounce this succession (article 780 al. 1 and 2 of the Civil Code) However…
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I signed a revelation contract suggested by a genealogist at home yesterday. Upon reflection, I realize the payout percentage is too high. Can I retract and cancel everything ?

Yes. The revelation contract proposed by a genealogist is subject to consumer protection rules ( Rep. Min. Pajon au JOAN du 23-10-2000 n° 50427 ), and consequently to the rules concerning door-to-door sales. You therefore have the 14-day withdrawal period provided for in Article L.221-18 of the Consumer Code applicable…
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My husband passed away 1 year ago. Our main residence belonged jointly to my husband and his brother. Can I take advantage of the lifetime right of article 764 of the Civil Code as a surviving spouse?

No. To be able to benefit from the lifetime right provided for by article 764 of the Civil Code, the accommodation must belong to the spouses or depend totally on the estate. However, if the accommodation was held by the deceased in joint ownership with a third party, the spouse…
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I acquired a property six years ago and I am reselling it. Can I benefit from the work package to reduce the amount of the added value which has been realized, even though I didn’t have any work done?

Yes . The real estate capital gain corresponds to the difference between the resale price of the property and its acquisition price. To reduce this amount, it is possible to increase the acquisition price of a certain number of costs and expenses, which have been exhaustively listed in the General…
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I am a doctor. I want to buy an apartment in a co-ownership to make it my residence and my medical practice. The co-ownership regulations include a bourgeois housing clause. Can I still practice my profession?

It depends. In accordance with article 8, para. 1 of Law No. 65-557 of July 10, 1965, the co-ownership regulations determine the destination of the private and common sections, as well as the conditions of their enjoyment. Each co-owner can freely enjoy his private partitions, subject to not infringing the…
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Before our marriage my husband owned a car which he sold during the marriage. The notary tells me that he received a reward equal to the sale price. Is this normal ?

Yes . When the spouses are married under the regime of the legal community, three patrimonies are to be distinguished: the patrimony specific to each spouse and the common patrimony. During couple life, financial movements often take place between the different assets. The mechanism of rewards is intended to restore…
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My tenant passed away. I learned from his neighbors that he had been accommodating his brother for two years. Can I still get my property back?

It depends. On the tenant’s death, the lease can be transferred to certain individuals expressly covered by the law (art. 14 law n°89-462 of July 6, 1989). Thus, if your tenant’s brother was dependent on the latter and lived with him for at least one year on the date of…
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I disagree with my lessor who is not carrying out the work for which he is legally responsible. I want to deposit the rent at the deposit and consignment fund. Is it possible?

Yes but… . You cannot decide yourself to block the payment of rents. If no amicable solution has been found with your lessor, the consignment of rents (excluding charges) may be requested before the court, pending the settlement of the dispute. Once obtained, you must complete a file with the…
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Following unpaid rent, I obtained the judicial termination of the lease and an eviction judgment. The accommodation is in Martinique. Can the tenant benefit from the "winter break" from November 1st?

Pursuant to Article L.412-6 of the Code of Civil Enforcement Procedures (CPCE), the winter truce which suspends any execution of an eviction extends from November 1 to March 31 of the following year in Metropolitan France. But in Guyana, Guadeloupe, Martinique, Reunion Islands and Mayotte, the period of suspension of…
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My best friend passed away recently. He was single, childless and under guardianship. Supervision was exercised by a legal representative for the protection of individuals. Can the guardian seize a notary to take care of his estate?

Yes. In the event of the death of an adult who is the subject of a protective measure exercised by a legal representative for the protection of adults, the latter may, in the absence of known heirs, seize the notary of the deceased through a view of settling the estate…
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