| Notaires de France

Yes. You may renounce the inheritance (French Civil Code, Art. 768), which allows your own children to become heirs in your place; this is known as representation (French Civil Code, Art. 768). The renunciation is made at the registry of the judicial court of the deceased’s last place of residence…

No, not without your agreement. Renting out jointly owned property is an act of administration requiring the agreement of co-owners representing at least two-thirds of the undivided ownership rights (French Civil Code, Art. 815-3, para. 4).

Yes. Unless otherwise agreed, where a co-owner has exclusive use of jointly owned property, they owe an occupancy indemnity to the other co-owners (French Civil Code, Art. 815-9, para. 2). This indemnity corresponds to the rental value of the property and is due for the entire period of occupation. It…

Yes, the deed of notoriety may be signed only by the heirs requesting it (French Civil Code, Art. 730-1, para. 3). However, the notary will generally seek the participation of all the heirs to avoid any deadlock from the outset of the matter.

No. A public authority’s right of pre-emption (in this case, the municipality’s) takes precedence over that of the tenant (Ministerial Response No. 42346 of 22 June 2024).

Yes. The “Alsatian clause” included in the instrument contributing the separate property to the community (marriage contract) allows the contributing spouse to recover it in the event of divorce (French Civil Code, Art. 265).

Yes. The jurisdiction of the family court judge is not limited solely to disputes between spouses. In particular, the judge has jurisdiction over any application relating to the exercise of parental authority, regardless of the parents’ “matrimonial” relationship (Art. L213-3, 3°(b) of the French Code of Judicial Organisation).

Yes. To safeguard your respective interests, each of you must be assisted by a lawyer even if you agree on all the consequences of your divorce (French Civil Code, Art. 229-1).

No. The solidarity allowance for elderly people (aspa) is, in principle, not recoverable from the proceeds of a life insurance policy. However, the relevant bodies may request that gifts made by the recipient after applying for the allowance be added back to the estate where they are manifestly incompatible with…

No. No legal provision requires a notary to be involved in the sale of a business. However, the sale must comply with Articles L141-1 to L141-22 of the French Commercial Code, which impose strict formal requirements. It is therefore strongly recommended to use a notary.

I am an heir to an estate that includes real property. I personally have sufficient assets. I would like to renounce the inheritance in favour of my children, who need it more than I do. Is this possible?

I jointly own a property with my brother, which we occupy in turns during the holidays. He wants to rent out this jointly owned house, but I do not. Does he have the right to do so?

I jointly own my parents’ house with my sister. She prevents me from accessing the property, which she occupies alone, and refuses to pay me an occupancy indemnity. Can I compel her to do so?

My uncle died leaving three heirs, including me. My brother, one of the heirs, is not responding to the notary. Can we sign the deed of notoriety without him?

I am selling my property, which is currently rented out. The tenant has exercised their right of first refusal. The notary tells me that the municipality has also exercised a right of pre-emption. Does the tenant have priority over the sale?

If I contribute my separate property to the matrimonial community, can I recover it in the event of divorce?

I am in a dispute with the mother of my minor children concerning parental authority. We are not married. Does the family court judge nevertheless have jurisdiction?

I am married and we are going to divorce. We get along perfectly well and have reached an agreement between ourselves. Is a lawyer still mandatory?

My aunt, who was receiving ASPA, has just died. Can this allowance be recovered from the proceeds of a life insurance policy of which I am the beneficiary?

I want to sell my business. Am I required to use a notary?