Notary family law: union, separation, adoption

Updated on Friday 26 June 2026

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Can we change matrimonial property regime?

Yes. Spouses may change regime at any time by notarial deed. However, if opposed by an adult child, protected adult/minor’s representative, or creditor, court approval is required. When minor children exist, the notary may request approval if the change harms their interests (Civil Code, Article 1397).
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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?

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…
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We are married and have no children. When I die, will my husband inherit my property even though we are married under the separation of property regime?

Yes. When a person dies without descendants, their surviving spouse is entitled to inherit their estate, either alone or in concurrence with the deceased's father and mother (according to articles 756 and 757-1 of the Civil Code). Civil law defines the 'successor' spouse as the surviving, undivorced spouse of the…
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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?

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…
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My father is going to lend me 10,000 euros. I signed him an acknowledgment of debt. Should it be declared to the taxes? What is the difference with the registration of the deed?

Yes , loan contracts for an amount greater than 5,000 euros must be declared (article 49B appendix 3 and article 23L appendix 4 of the CGI) to the tax authorities on form no. 2062. You must file this declaration at the same time as your next annual income tax return…
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