Frequently asked questions about Famille

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As part of a process of medically assisted procreation, my partner and I must go to a notary to obtain our consent. Is this agreement subject to registration fees ?

No. Article 847 bis of the General Tax Code provides for an exemption from registration fees; in regard to the prior consent to be obtained by a notary (article 342-10 of the Civil Code). As an extension of the bioethics law of August 2, 2021, which extends medically assisted reproduction…
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My partner and I have an appointment with the notary on February 10, 2024, to sign a PACS (civil union). What will be the tax declaration procedures for the income we will earn in 2024?

Like married couples, PACS partners are subject to joint taxation (Article 6, 1 CGI and 7 CGI), including for the income earned in the year the agreement is concluded (Article 6, 5th CGI). However, you can opt for separate taxation of the income you personally received during the year of…
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I am in the process of divorcing my husband, the non-conciliation order has just been made. If I acquire a property (married in community regime), will it belong to me in its entirety?

Buying real estate during divorce proceedings is possible, but the operation is risky. Under the old contentious divorce regime (procedures initiated before January 1, 2021, as in your case), the date of the effects of the divorce between the spouses is fixed on the date of the ONC, subject to…
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I am married under the separate property regime. My wife and I live in an apartment that I own. I want to sell it and the notary tells me that my wife's consent is required. Is it true?

Yes. This rule is intended to protect the family home and applies even when this property belongs to one of the spouses only. In the absence of your wife's consent to this sale, she could request the cancellation within one year from the day she became aware of it and…
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I am under guardianship and wish to get married. My guardian says he will have a marriage contract drawn up by a notary, even though I do not want one. Can he do that?

Yes. Since the law of 23 March 2019, a protected adult (under guardianship, curatorship, etc.) no longer needs to obtain a judge’s authorization to marry. Only the curator or guardian must be informed of the intended marriage (Art. 460 Civil Code). However, the guardian may request the judge’s authorization to…
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