Communauté universelle

[Gyn_Paul]

TU I'm more confused than ever now!

I'm also v. tired after a rather broken night's sleep but I'll have another swing at it.....

I'll try and keep it simple and English if you don't mind.

Here's how it was explained to us by the Notaire:-

Without the DeE, If I died before my wife, my mother would have inherited a part of the estate, which on her death, then would go to my brothers.

The Difference the DeE makes is that NOW on my mother's death (assumng I'm already on the brown side of the sod) what she had was a right to abode in part of the estate and on her death that right disappears "like a candle being blown out" - to translate the Notaire's exact words, that right is not transferable and does not form part of her estate. Thus the whole of our (my wife and my) estate reverts back to my wife with no let or impediment, which  -as you pointed out - would not have been the case automatically without the DeE and would have required a specific provision in my mother's will.

Hope that's made it a bit clearer with fewer 'her's and 'she's ! Off to bed now, to sleep, perchance to dream....

paul

[Teamedup]

GP, I had understood, that you had understood, that that was how it works.

BUT, that isn't how I understood it to work, so I still have my doubts that it does work as you think it does.

If your mother wasn't in the equation and there were just your siblings, then I think that it might work as you said as they aren't heritier reservataire. I just don't understand how your mother who is an heritier reservataire only becomes a usufruitaire rather than the owner en nue proprietaire of a part of your biens. nb I do realise that your notaire said that it worked like this, but I haven't understood how it could.

Also I don't know what sort of things you have signed which could have implications with regards to your particular circumstances. Which could impact / complicate this even more.

 

As I say, I am  confused by this. When I'm wide awake I'll have a little read and see if I can see something that makes some sense as at the moment it doesn't to me at all.

 

I was wondering too why you didn't just go for communaute universelle as you have no children and could do it without anyone trying to interfere with this upon either of your deaths. A CU is easy sans enfants. nb I also realised that there was something in all this about protecting your mother's rights to some extent.

[Teamedup]

2- En l'absence de descendants et en présence d'ascendants privilégiés (père, mère)

La donation entre époux permettra au conjoint survivant de recueillir la moitié de la succession du défunt en pleine propriété plus l'autre moitié en nue propriété si le père et la mère sont vivants, ou les trois quarts en pleine propriété plus un quart en nue propriété si un seul des parents est vivant. 

 

 

gynpaul, now I am wide awake I found this on the service public site and another little article which doesn't seem to have copied and your notaire gave you good advice.

Everything has changed over the last few years and I think my memory of what I was told about went back to before all these new laws. So not that long ago, just too long. I'm really sorry if I caused any confusion, but these things really have changed radically and I did share my doubts openly.

 

This has now worn me out again, as it always does. Bring children into the equation and it would have been really complicated.

 

[cheminot]

I have read this topic with much interest as my wife and I are planning to buy a house in the Charente area. We both have children by previous marriages who are now adults (if that makes sense!). The situation we want to avoid is that on the first death that the survivors child(ren) do not inherit everything to the detriment of the others.

I understand that it may be possible for my wife and I to legally adopt each others children even if they have reached majority thus if combined with the CU enabling them to share equally in the estate on the surviving spouses death.

Can anyone throw some light on this?

Regards, Cheminot.

 

[Washy]

We signed our CU at the same time as we signed for our second property yesterday.  Cost 300 euros. The document listed all the properties/parcelles owned by us for our first house and the Acte de Vente for the second house mentioned the fact that we had a CU in place.  The documents will be lodged somewhere in Nantes as we are not french citizens.  All seemed fairly simple to me, no need to look at passports, marriage/birth certificates etc. 

Previous postings have made me a little concerned however, and I will be asking him about my husband's previous marriage.  He is a widower but I did not adopt his son who I brought up.  Actually the notaire might contact me on Monday as he forgot to charge us for the CU!!!!!