Frequently asked questions about Famille

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I am divorcing by mutual consent. My spouse and I plan to sell our jointly owned home. Will the sale be taxed?

It depends. A 1.10% shared tax applies if a formal division is recorded. However, an informal verbal division is not taxed. If mentioned in a later document, it becomes taxable. divorce agreements must include a division of joint assets (Article 229-3 of the Civil Code).
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My brother is considering to adopt his spouse's 2 minor children, she had them before. It would be a simple adoption. Our elderly mother is a widow. In the event that my brother dies before our mother, will the adopted children inherit her?

Yes, but…In the context of a simple adoption, the adopted child inherits from his family of origin and also from his adoptive family (Articles 364 and 368 of the Civil Code). If your brother were to predecease your mother, his adopted children would represent their father in his mother's estate…
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I was adopted (full adoption) several years ago. I no longer get along with my adoptive parents and wish to end the adoption. Is this possible?

No. Once granted, adoption is irrevocable (Civil Code, Article 359). However, Article 345-2 paragraph 2 of the Civil Code provides two exceptions: • A new adoption is possible if the adoptive parents have died. • A simple adoption may be granted for a child already fully adopted if there are…
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My sister and I are heirs to our father’s estate. My sister is under enhanced guardianship (curatelle renforcée). Do we need the judge’s authorisation to accept the inheritance outright?

No, subject to conditions. A person under guardianship may accept an inheritance alone, provided they have a certificate from the notary stating that the assets clearly exceed the liabilities (Article 467 of the French Civil Code, which refers to Article 507-1 of the Civil Code on guardianship). In the absence…
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I was adopted (full adoption) several years ago. I no longer get along with my adoptive parents and wish to end the adoption. Is this possible?

No. Once granted, adoption is irrevocable (Civil Code, Article 359). However, Article 345-2 paragraph 2 of the Civil Code provides two exceptions: • A new adoption is possible if the adoptive parents have died. • A simple adoption may be granted for a child already fully adopted if there are…
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