Frequently asked questions about Famille

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We are two brothers and one sister co-owning an agricultural land. My sister and I want to lease it, but my brother opposes. Is the agreement of all co-owners required ?

Yes. Regarding co-ownership, Article 815-3 4° of the Civil Code states that a majority of two-thirds of the co-owners can "conclude and renew leases other than those concerning a property for agricultural, commercial, industrial, or artisanal use." In your case, it is a lease for agricultural use, which requires the…
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I entered into a civil partnership 5 years ago. We separated 2 years ago without breaking our civil union. I've met someone and we're getting married. Is it true that marriage automatically ends the civil union?

Yes, the marriage of one of the partners, including to a third party, automatically terminates the Civil union (art. 515-7, al. 1 C. civ.). The civil registrar at the place of the ceremony must make a note of the marriage in the margin of the birth certificate (of the ex-partner…
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I am in the process of divorcing my husband, the non-conciliation order has just been made. If I acquire a property (married in community regime), will it belong to me in its entirety?

Buying real estate during divorce proceedings is possible, but the operation is risky. Under the old contentious divorce regime (procedures initiated before January 1, 2021, as in your case), the date of the effects of the divorce between the spouses is fixed on the date of the ONC, subject to…
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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?

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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