Frequently asked questions about Famille

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Do I need to make an appointment with a notary before getting married?

Sophie Sabot-Barcet, notary, answers Marc's question: should I make an appointment with a notary before getting married? Yes, to find out beforehand and receive advice on the choice of matrimonial property regime. Marriage is a contract between the parties. If you don't go to a notary, you'll be married in…
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I have been divorced for 32 years, and we divided our assets in 2018. At that time, I became the sole owner of the house. Today, I am selling it. Will I be liable for capital gains tax?

Yes. The seller is exempt from capital gains tax when selling a property that has been owned for more than 30 years (BOI-RFPI-PVI-20-20 §§60 and 70). In your case, the holding period must be calculated in two separate parts: You became the owner of half of the property more than…
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Can a minor receive a gift?

Yes. A minor may receive a gift, but as they are legally incapable (Article 414 of the Civil Code), a legal representative (usually a parent) must on their behalf (Articles 935 and 382 of the Civil Code).
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I have been divorced for one month (on the grounds of my ex-husband’s fault) and I am awaiting the liquidation of the community property. I want to buy a car because I have found a new job far from my home. Will the car belong to me entirely?

The divorce takes effect on the date of the divorce petition when it is granted on the grounds of mutual acceptance of the principle of marital breakdown, permanent impairment of the marital bond, or fault (Article 262-1, paragraph 3 of the French Civil Code). Any asset acquired after that date…
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I sold a property that I owned before my marriage (under the community property regime). I now wish to reinvest the proceeds from this sale into the purchase of an apartment. How can I ensure that this new property belongs to me exclusively?

Reminder: All assets acquired during the marriage are presumed to be jointly owned (Article 1401 of the French Civil Code). To ensure that the new apartment remains your separate property, you must ask your notary to include a reinvestment clause (clause de remploi) in the deed of sale (Article 1434…
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