Frequently asked questions about Famille

A question ? Need help ?

I intend to marry under the separate property regime (séparation de biens). If I personally finance renovation works in our main residence, which is solely owned by my spouse, will I be able to recover my funds in the event of a divorce?

Yes. In the context of a divorce, financial adjustments may be made between spouses. If you have used personal funds to improve a property that belongs exclusively to your spouse, you may assert a claim (créance) against them. This is governed by Articles 1478 and 1479 of the French Civil…
See more
I am the sole owner of a studio apartment that I would like to give to my daughter, retaining the usufruct. I am married. When I die, will my husband benefit from the usufruct of this property?

No. In principle, usufruct ends with the death of the usufructuary (art. 617 C. civ.). However, if the donor retains the usufruct of the donated property, it is possible to include a "reversion of usufruct" clause in the deed of donation. In this way, on the donor's death, the usufruct…
See more
After their retirement, my parents moved to Portugal, where they bought a house. My father has passed away, and we need to appraise this residence for the inheritance declaration. How should we proceed ?

Generally, when the deceased owned real estate, the value to be considered for the inheritance declaration is the market value on the date of death (Article 761, paragraph 1 of the General Tax Code and BOI-ENR-DMTG-10-40-20 §20). This is the value that would be obtained if the property were sold…
See more
A few months before her death, my mother took out a loan from a bank. However, I had taken steps to have her placed under guardianship. She died before the judge made his decision. Can I still take legal action and request the cancellation of this loan?

Yes . When a person benefits from a guardianship, only his guardian can request the annulment of the act for insanity of mind (art. 414-2 C. civ. and 475 al. 1 C. civ.) for the protected person's account. This action can also be brought by his heirs but only in…
See more
My spouse benefited from his partner's mutual insurance contract. The rupture of their Civil union was registered in Sept. , the mention on the birth certificates was made then. In the meantime, he'd an accident. Does he still benefit from the contract?

Yes. The termination of the Civil union only becomes opposable to third parties, here to the mutual insurance company, from the day when the publicity formalities have been completed, which means, from the mention made by the state civil officer on the birth certificates of the partners (art. 515-7, al.8…
See more

Can't find your question ?

Ask a question to a jurist of Notaires Infos

Notaires-infos

Tél. : 0.892.011.012
(0,80 cts / min.)

Poser une question