Frequently asked questions about Famille

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I am married under the separate property regime. My wife and I live in an apartment that I own. I want to sell it and the notary tells me that my wife's consent is required. Is it true?

Yes. This rule is intended to protect the family home and applies even when this property belongs to one of the spouses only. In the absence of your wife's consent to this sale, she could request the cancellation within one year from the day she became aware of it and…
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My aunt is widowed and has no children. I heard she might be under guardianship. How can I verify this?

If your aunt has been placed under a protective measure by a court judgment (guardianship or curatorship), it is noted on her birth certificate (Article 444 of the Civil Code). You can request a copy of her birth certificate from the town hall of the municipality where she was born.
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My mother has a notarised lasting power of attorney (mandat de protection future), and I am her attorney. She used to make regular monetary gifts to her grandchildren, and I am continuing this practice. The notary says this is not allowed. Is he correct?

Yes. The law prohibits the attorney from carrying out acts of gratuitous disposal (such as a gift) on behalf of the protected person without the prior authorisation of the guardianship judge (Article 490 of the French Civil Code)
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A few years ago, my mother had her notary draw up a mandate for future protection and appointed me as proxy. I've accepted this responsibility, but I'd like to give it up. Is this possible?

Yes, but under certain conditions. As long as the mandate has not taken effect, you can renounce your status as mandatary (art. 489 al. 2 C. civ. and 492 al. 3 C. civ.). You must notify your decision to your mother, the mandator, by registered letter with acknowledgement of receipt…
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Pacs: how can you reserve your entire inheritance for your partner?

"I'm currently in a civil union with my partner and we have two children. I also have a child from my first marriage. We each own 50% of an apartment. I'd like to bequeath the entire usufruct to my current wife, but above all, I don't want to bequeath it…
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