Division of assets :
The division of property does not only exist in matters of inheritance, but can also occur in matters of separation or divorce, the family law lawyer in Paris will have to settle the question of partition.
In matters of inheritance :
Successions as well as gifts are modes of transfer of goods free of charge. When this transmission takes place during one’s lifetime, by means of donations, it is a question of liberalities.
When the transmission takes place because of death, it is a question of successions, which can be legal or testamentary.
However, the testator will have to respect the hereditary reserve which is of public order and will only be able to dispose of what is called the available quota. Otherwise, there will be a reduction in donations which will be made in value.
It will be observed that this is different in other foreign countries, notably under Anglo-Saxon law, for which the hereditary reserve does not exist.
The new law of June 23, 2006 applicable on January 1, 2007 modified the regime applicable to inheritance: the idea of the law is notably to reduce the deadlines and to simplify the process.
In matters of separation or divorce :
When a couple separates or divorces and the spouses own property, it will be necessary to proceed with the division of the assets which they own in common or in joint possession, according to their matrimonial regime.
There are two main categories of matrimonial regimes: separatist regimes and community regimes.
In the absence of a marriage contract, the legal regime in France is the community regime reduced to acquests.
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We remind you :
In matters of divorce, where there is real estate, a notarial deed will be essential for a divorce by mutual consent, whether the spouses have the property in common or in joint possession.
In the case of contentious divorces, the judge during the procedure, may appoint a notary responsible for assessing the patrimony of the spouses, to get an idea of the common or undivided patrimony in particular before fixing the amount of a compensatory allowance. Thus, lawyers and their clients will have several meetings with the notary responsible for establishing the list of assets to liquidate and proposing a division.
If the intention of the legislator is to favor the agreements, by giving the possibility to the judge in the course of the divorce procedure, to appoint a notary, often after divorce, the ex-spouses who have failed to settle will have to seize the Judge with a partition action. This is a new action which will be brought by the lawyer of one of the spouses on behalf of his client.
For any request relating to the division of property, you can seek advice from your family law lawyer in Paris.
The lawyer Maître Laurence Mayer can also intervene directly in the cities of Nanterre, Créteil, Bobigny, Meaux, Melun, Fontainebleau, Evry, Sens, Auxerre, Le Mesnil-Amelot
She may nevertheless, for other courts, intervene throughout France with the help of a local colleague.
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