Frequently asked questions about Famille

A question ? Need help ?

I have an adult disabled child. I'd like to be able to choose the person in charge of his or her interests in the event of my death. Is this possible?

Yes. It is possible to draw up a "future protection" mandate before a notary, in which you appoint a trustworthy person to look after your child's interests. You must be materially and emotionally responsible for your child at the time the mandate is signed, and the child must be unable…
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What are the conditions for adopting a stepchild?

"I want to adopt the child my wife had from a previous union. His biological father is deceased. Is this possible?" Notary David Ambrosiano answers your questions on the BFM Business program "Le Club du Droit / Passez-moi le notaire".
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I am getting divorced. As part of the liquidation of our matrimonial property regime, the notary has informed me that the community assets are insufficient for me to recover the full amount of money I inherited. Is this possible?

Yes. The law provides that, where the community assets are insufficient, “the deductions made by each spouse shall be proportional to the amount of the reimbursement claims (récompenses) due to him or her” (Article 1472, paragraph 1, of the French Civil Code).
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It is a matter of public knowledge that I am my father’s daughter, but he never acknowledged me. He passed away last year. The notary tells me that I am not his heir unless a legal parent-child relationship is established. What does this mean?

To be considered an heir, you must be officially designated as his daughter. Since he can no longer acknowledge you, you may establish possession of status either by a notarised affidavit (Article 310-1 of the French Civil Code) or by a court judgment (Article 330 of the French Civil Code)…
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My spouse, with whom I had been living separately for several years, has just passed away. He had no children, and I have learned that he left all his assets to the Red Cross. Is this legal ?

No. Despite your years of separation, you still retain the status of "entitled spouse" (Article 732 of the Civil Code). In the absence of children, the law provides that you are entitled to at least 1/4 of his estate (Article 914-1 of the Civil Code). Therefore, you are entitled to…
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