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Succession: is your spouse sufficiently protected?

2020-09-18T14:52:57.740Z


OUR ADVICE - If the law has strengthened the protection of the surviving spouse with the usufruct of the estate of his spouse, he does not have a free hand.


The law has considerably strengthened the protection of the surviving spouse by granting him the usufruct of his spouse's estate.

An option which is open to him only if the couple has only common children.

This legal usufruct allows him to keep the use of his homes and to collect the income from the heritage he inherits.

And that, sustainably.

“We have in mind that no one is required to remain in joint possession.

But this principle does not apply to the dismemberment of property.

This is the great advantage of the usufruct.

It protects the surviving spouse from the forced division of the estate.

Article 815-5 of the Civil Code prohibits a judge from ordering the sale of full ownership of an asset against the will of the usufructuary ”

, underlines Me Nathalie Couzigou-Suhas, notary in Paris.

However, the latter does not have a free hand.

● What are the limits to the powers of the usufructuary?

The spouse cannot sell their home without the agreement of the bare owners.

"Children can block the sale

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Source: lefigaro

All business articles on 2020-09-18

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