Frequently asked questions about Famille

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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…

Yes. It is entirely possible to make a donation to your minor grandchildren. This donation must be accepted by their legal administrators (their parents), in accordance with Article 935 of the Civil Code. However, you can specify in the donation act that the donated assets be managed by a third…

No. Under the community of acquisitions regime, assets received by way of succession are considered separate property of the spouse who inherits them (Article 1405, paragraph 1 of the French Civil Code). Consequently, the undivided share inherited by your spouse is his separate property. If you purchase the share of…

It depends. The law stipulates that daughters-in-law and sons-in-law are obliged to help their parents-in-law materially and financially as part of the obligation to provide support (art. 206 C. civ.). The death of your husband does not terminate this obligation (Lyon Jan. 25, 1967). On the other hand, if you…

No. For tax purposes, a simple adoption does not create a donation or inheritance tax allowance for the adopter (Art. 786 CGI), with few exceptions, which apply only to the adoptee. Therefore, your stepfather will pay 60% tax on the full amount (Art. 777, IV CGI).

Frequently asked questions about Famille

A question ? Need help ?

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?

I want to give bare ownership of assets to my minor grandchildren and keep the usufruct. If I die before they reach majority, I do not want these assets to be managed by their parents. Is this possible ?

I am married under the regime of community of property reduced to acquisitions. My husband has inherited an undivided share in a real estate property. Today, we wish to purchase the share of his co-owner. Will I become the owner of the property?

My husband has passed away. As part of his support obligation, he paid his parents a sum every month to help them pay for their retirement home (EPHAD). Will I have to continue paying it?

Years ago, my mother remarried, and her husband adopted me (simple adoption). I’d like to give them both some money. I know my mother has a tax allowance. Does my stepfather benefit from one too?