Frequently asked questions about Famille

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My uncle wants to give me a building plot. I'm married with joint ownership. Will my husband have any rights to the property?

Yes, in principle. When spouses adopt the regime of universal community, all movable and immovable property owned by them on the day of adoption of this regime, and all that they acquire subsequently, are held in common (art. 1526 C. civ.), with the exception of property that is private by…
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Before our marriage my husband owned a car which he sold during the marriage. The notary tells me that he received a reward equal to the sale price. Is this normal ?

Yes . When the spouses are married under the regime of the legal community, three patrimonies are to be distinguished: the patrimony specific to each spouse and the common patrimony. During couple life, financial movements often take place between the different assets. The mechanism of rewards is intended to restore…
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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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My wife and I are married without a contract. She left the marital home several years ago. We don't want a divorce or legal separation. However, we would like to declare our income separately. Is this possible?

Yes, under certain conditions. In principle, when you are married, you are subject to joint taxation with your spouse for the income each of you receives (art. 6, 1, CGI). However, it is possible to request separate taxation when one of the spouses has abandoned the marital home and each…
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4 years ago my father took out a loan to buy his house. The bank then registered a mortgage on the property. We recently had him placed under curatorship. We've just learned that he hasn't paid the last instalments and that the bank is threatening to...

...seize his house. Is this possible despite the protective measure? Yes. The protection of the protected person's home has the effect of limiting the acts that his representative can perform (art. 426 C. civ.). However, this does not mean that the property cannot be seized by creditors, in this case…
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