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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience:  11 years experience as judge at Paris Industrial Tribunal
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My parents are domicile in France and own a property. I am

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My parents are domicile in France and own a property. I am their sole surviving child and am domicile in the UK. My partner and I are considering marriage to avoid the 40% tax law here in the UK. We have a child together, but she has three children from a previous marriage. With regard to the French law concerning la réserve, do my three step children become legally entitled to my parents property in the following scenario: My parents die leaving the property solely to me, then I die thus leaving the property 50% to my wife. I would want our son to receive the other 50% and it not be split between him and the step children. Ultimately, we would want our son to inherit the property solely.
Submitted: 2 years ago.
Category: French Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

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Nicola
Customer: replied 2 years ago.
Hi Nicola. I'm happy to wait to find the right person for the job. I need to get this right. Please continue searching. And thanks for coming back to me.
Richard
Customer: replied 2 years ago.
I just need to clarify the situation between my partner and I regarding children. My partner has 3 children from a previous marriage and we have one together. The four children ages are 29, 27, 23 and 9 years of age, the 9 year old being from our union. We want to make sure that our 9 year old stands to inherit the French property that I will inherit upon my parents' deaths upon our death
Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Thegonnec replied 2 years ago.
Your wife would no claim to the house inherited from your parents which would not become part of matrimonial assets. Thus, upon your demise, and unless you specifically write a will bequeathing her 50% of the house, she will have the choice of either having the full usufructs of it or obtaining 25% of it. If she chooses the former, your son will ultimately be the sole owner of the property. If she chooses the latter, he will ultimately own 81,25% of the house, each of his 3 step brothers and sisters owning 6.25% of it.
Customer: replied 2 years ago.
Thank you so much. There is a keying error however. Can you please just clarify the word "usufructs"?
Expert:  Thegonnec replied 2 years ago.
Usufruct is a right of enjoyment, enabling a holder to derive profit or benefit from property that either is titled to another person or which is held in common ownership, as long as the property is not damaged or destroyed.
Basically in layman's words it is someone's (in this case, your wife) lifelong right to use a property titled to someone else (your son).
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience: 11 years experience as judge at Paris Industrial Tribunal
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Customer: replied 2 years ago.
Thank you so much. You've been great.

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