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I - IMPROVEMENTS TO THE SURVIVING SPOUSE

December 3, 2001 law gave the joint estate a better place and assigned a specific right to housing and a pension.

Rights of surviving spouse (intestacy) - Estates open from 1 July 2002

Parents left by the deceased in addition to the surviving spouse

- Children from both spouses: ¼ freehold or 100% in usufruct (Article 757)
option - Presence of a child born outside marriage: ¼ full ownership (Article 757)
- Father and mother of the deceased: ½ freehold (Article 757-1)
- Father or mother of the deceased ¾ full ownership (Article 757-1)

- Brother and sister of the deceased: 100% freehold property except for Family (donation parents estates) who are half brothers and sisters of the deceased. (Articles 757-2 and 757-3)

* The Act of June 23, 2006 brought a change to section 757-3. For estates beginning on 1 January 2007, the right of return is extended to all goods received or inherited from an ascendant (father and mother, grandparents, etc.). predeceased common which are found in nature in the estate.

* The Act of December 3, 2001 is not of public order but only a proxy for most of its provisions.

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RESERVEE SUBSIDIARY

The 2001 Act has created an innovative alternative reserve for the benefit of the surviving spouse to inherit. The 2006 law removes the subject of all the ancestors.
The surviving spouse is reserving alternative.

Application in Time:
1 - For estates beginning on 1 July 2002, the Joint surviving successor holds a reserved portion of fourth in full property where there are no privileged descendant or ascendant. The
reserving are:
1 ° - 2 ° descendants
- The father and mother (1 / 4 each)
3 ° - The surviving spouse 1 / 4
4 - Other ascendants (1 / 4 by branch)

2 - For the deceased died on or after 1 January 2007, the surviving spouse inherit holds a quarter of heirship freehold when there is no descendant

The reserving are: 1
- Descendants
alternative:
2 - The surviving spouse ¼

The Act of June 23, 2006 removes the subject of all the ancestors (Section 914 is repealed and sections 914 - 1 and 916 are changed).
a consequence of the abolition of the reservation to all ascendants (father, mother, grandparents, etc..) Parliament has awarded the privileged ascendants (father and mother) donor, a legal right to return in successions from 1 January 2007.

In the absence of descending, the deceased can not freely dispose of that three quarters of the estate. In addition, the donation made to a third party is reducible, the normal rules on attribution and reduction being transposed

Comment: The result of the former article 916 if the divorce was off by death, there were effects on the status of the surviving spouse, she made him lose his right reserving (C. civ. art. 916)

Article amended by the 2006 Act

substitute:

"no descendants and no surviving spouse divorced, gifts inter vivos testamentary or will exhaust all of the property. "

Also, for estates beginning on 1 January 2007, only the spouse, surviving divorced will lose his status as reserving .

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Housing Measure

1 ) THE RIGHT TO HOUSING TEMPORARY

Text: Article 763 [from the Act of December 3, 2001 - Amended by Act of June 23, 2006
If at the time of death, the spouse inheriting actually occupies, as a primary residence, a dwelling belonging to spouses or dependent entirely on the estate, it has full right, during a year's free use of this accommodation, as well as furniture, included in the estate, which garnishes.
If his home was secured through a lease or rental of a dwelling belonging to the deceased undivided, rent or compensation for occupation it will be reimbursed by the estate during the year, as and as their acquittal.
rights under this section shall be deemed to direct the wedding and not inheritance rights.
This article is public.



- CAN NOT BE DEPRIVED BY THE SURVIVING SPOUSE (ORDER PUBLIC)
- DURATION: 1 YEAR
- PRIMARY SYSTEM - Right Debt
- APPLIES TO ANYONE WHO MARRIED HIS PRIMARY RESIDENCE IN THE TERRITORY OF THE FRENCH REPUBLIC of any nationality.

hand, are repealed the provisions of section 1481 of the Civil Code, which provided the opportunity to ask the community reimbursement for food, housing and mourning for 9 months after death. The new law on temporary accommodation has a broader scope because it applies whatever the matrimonial regime, for 1 year instead of 9 months.

IMPROVEMENT temporary housing rights of the surviving spouse in case of joint ownership
The Act of June 23, 2006 amends section 763 in adding the assumption undivided housing that was not protected by law in temporary housing. This change is the result of an amendment to Ms. Beatrice Vernaudon, member of French Polynesia.

reform inheritance strengthens housing rights of the surviving spouse. From 1 January 2007 it will occupy for a year's free housing constituting its main residence at death of her husband.
The Act of June 23, 2006 on the reform of inheritance gifts and reinforces the right to temporary accommodation of the surviving spouse. Introduced by the Act of December 3, 2001. It may be the case where the surviving spouse is found in joint possession with the Children of first marriage. Until now, the wife could be in trouble with codivisaires and find themselves deprived of the right on property of deceased spouse. From 1 January 2007, the spouse may occupy free for one year the housing constituting the main dwelling on the death of her husband (owner, tenant or joint owner). Children of first marriage, who owned an undivided with their parent deceased spouse will no longer put off the surviving spouse.

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2) RIGHT TO LIFE HOUSING


Article 764 Unless otherwise agreed by the deceased expressed in terms of section 971, the spouse who was actually a successor to the time of death as a primary residence, a dwelling belonging to spouses or dependent entirely on the estate, this home until his death, a right of residence and right of use on furniture, included in the estate, the lining.

deprivation of such rights of habitation and use by the deceased expressed under the conditions mentioned in the first paragraph shall not affect the fingers of usufruct that spouse takes under the Act or a donation, who continue to obey their own rules.

These rights of habitation and use is carried out in accordance with Articles 627, 631, 634, and 635.

The spouse, other heirs or either of them may require that it be made an inventory of furniture and a state of the property subject to the law use and housing.

In addition to the right to have free housing with furniture, in the year following the death, the spouse successor who actually occupied at the time of death, as the main living accommodation belonging to the spouses or deceased, has on this home, until his death, a right housing and a right to use the furniture, included in the estate, the lining (C. civ. art. 764).

However, the deceased may by will devise authentic deprive his spouse of the aforementioned right to housing (C. civ. art. 764 paragraph 1). This deprivation remains without affecting the rights of usufruct that spouse takes under the Act or a donation, which continue to obey their own rules (C. civ. Art. 764 paragraph 2).

If the value of use rights and housing is greater than that of his estate, the spouse is not obligated to award the estate because of the excess (C. civ. Art. 765) .

Note:
- Deadline - The spouse has one year from the death to express his desire to enjoy the rights of residential and use the above (C. civ. art. 765-1).
- use rights and housing exercised under the conditions laid down in Articles 627, 631, 634 and 635 of the Civil Code (C. civ. Art. 764 paragraph 3).
- The spouse, other heirs or either of them may require that it be made an inventory of furniture and a state of the property subject to the right of use and habitation (C. civ. Art. 764 paragraph 4)
- Notwithstanding sections 631 and 634 of the Civil Code, when the situation of the surviving spouse because the housing collateral of the right to use and habitation is more suited to needs, the spouse or his representative may rent it to a use other than commercial or farm to make the necessary resources to new housing conditions (C. civ. art. 764 paragraph 5).
- The value of use rights and housing count against the value of the estate tax collected by the spouse. If the value of use rights and housing is greater than that of his estate, the spouse is not obligated to award the estate because of the excess (C. civ. Art. 765)
- When housing was the subject of a lease, the surviving spouse has the right to use the furniture it (C. civ. art. 765-2).
- The spouse and heirs may inherit, by convention, convert use rights and housing in an annuity or a lump. If among the parties to the Convention is a minor or a protected adult, the agreement must be authorized by the guardianship judge (C; Civ. Art. 766).

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II - RIGHT OF RETURN sibling

SURVIVING SPOUSE IN COMPETITION WITH sibling
Lack of descending and ascending.

The right of return for the benefit of collateral privileged - Art 757-3 [derived from the Law No. 2001-1135 of 3 December 2001 - as amended by Act No. 2006-728 of 23 June 2006]

Act of December 3, 2001 "Article 757-2. - In the absence of children or descendants of the deceased and his father and mother, the surviving spouse receives the entire estate "

" Article 757-3. - Notwithstanding section 757-2, if predecease the father and mother, the property that the deceased had received from them by succession or gift and which are found in nature are in the succession, in the absence of descendants, vest half brothers and sisters of the deceased or their descendants, themselves descendants of the parent predeceased the source of transmission. "

Act 2" June 2006 - Art. 29 to 23 ° "in Article 757-3, the words" them "are replaced by the words" of his parents'

It should be noted that this right of return is not "réservatoire" . By will or gift between spouses, the deceased can dispose of these assets to their spouse or other heir, and thus prevent the exercise of that right of return.

right to exercise legal return is subject to the condition that the property given or received by inheritance are found in nature in the estate of the deceased. So if the property was disposed of by disposition mortis causa (gift between spouses or will) they are not found in the estate. The ascendant must be a joint author.

The anomalous contents of the estate: the right of return is on 1 / 2 of property donated, bequeathed or collected in the succession of ascendants.

Beneficiaries: The right back is to the benefit of sibling (and their descendants) having a common origin predeceased the ascendancy.

Application in time
For estates open from 1 July 2002 to December 31, 2006, the legal right of return is limited to the property given by the privileged ascendants (father and mother) Authors communs.Pour inheritance beginning on 1 January 2007, the right back door on property donated by any common ancestor

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III - RIGHT BACK privileged ascendants

The right of return of the donor ascending privileged - Art. 738-2 [derived from Law No. 2006-728 of 23 June 2006]
"Art. 738-2. - When the father and mother or one them survive the deceased and that it has no offspring, they may in all cases exercise a right of return to competition in quotas set in the first paragraph of Article 738, on property that the deceased had received from them by donation.
"The value of the portion of property subject to the right of return shall be charged primarily on the inheritance rights of father and mother.
"When the right of return can not be exercised in nature, it runs in value within the estate. "