No. The deferred salary credit is intended to compensate for unpaid assistance provided by a descendant to the farming operator. Since your mother was not herself a farmer, your brother cannot claim a deferred salary credit against her estate. Their matrimonial regime has no impact on this matter.
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No. The surviving spouse who co-owns the deceased's property can request the preferential allocation of the main residence if it was already their home at the time of death (Article 831-2, 1° Civil Code). If requested, this allocation is automatic and binding on the other co-owners (Article 831-3 Civil Code).
Maitre Boris VIENNE, notary in Cornebarrieu (Haute-Garonne), responds live on RMC's "NEUMANN/LECHYPRE" program.
You each share one-third of the property. With your older brother, you therefore have a two-thirds majority. This quota is not without interest for a sale, since article 815-5-1 of the French Civil Code provides a solution to the lack of unanimity: " Except in the case of dismemberment of…
Reminder: The reduction indemnity is a sum owed to the reserved heirs by a beneficiary (donee or legatee) who receives assets exceeding their share of the estate. It is calculated during the liquidation of the estate and is generally payable at the time of the division, unless otherwise agreed. Solution…