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Heir

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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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My husband passed away 1 year ago. Our main residence belonged jointly to my husband and his brother. Can I take advantage of the lifetime right of article 764 of the Civil Code as a surviving spouse?

No. To be able to benefit from the lifetime right provided for by article 764 of the Civil Code, the accommodation must belong to the spouses or depend totally on the estate. However, if the accommodation was held by the deceased in joint ownership with a third party, the spouse…
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My neighbour bequeathed several real estate properties to me in his will. I only wish to keep some of them. Is this possible?

Yes, provided that a legal heir (as defined by law) accepts the succession. In that case, you may exercise the right of cantonnement, which allows a legatee to limit their acceptance to part of the assets bequeathed. This is permitted under Article 1002-1 of the French Civil Code.
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My sister passed away, leaving behind her spouse and one child. We were both joint owners of our late parents’ house. Her child has renounced the succession. Can I claim a right of reversion (droit de retour) over her share in this family property?

In principle, yes. The French Civil Code provides that, in the absence of descendants, assets received by a person from their parents by way of donation or inheritance, and still present in kind in their estate, are devolved half to the surviving spouse and half to the siblings (Article 757-3…
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