How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TKenney, Ph.D. Your Own Question

TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 825
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
52682299
Type Your French Law Question Here...
TKenney, Ph.D. is online now
A new question is answered every 9 seconds

My wife (we married in Ireland in 2012) owns the French home

Customer Question

My wife (we married in Ireland in 2012) owns the French home we live in for c4 months pa, which we bought in her name in 2006. At the time of purchase, we sought exemption from French Law under the Hague Convention as we are both Irish by domicile and residence. This was denied us as we were not man and wife at the time. My wife now wishes in the event of my surviving her to leave this French home to me. She was never married before, has no children, her parents are dead and she has 4 adult siblings, all living in Ireland. As I have 5 children from a previous marriage (my former wife died 2 years ago), my wife would like our French home to pass eventually to my children. Is there any obstacle to my succeeding her as the owner of this house under the terms of her proposed will should she pre-decease me? XXXX XXXXX

Submitted: 1 year ago.
Category: French Law
Expert:  Fran-mod replied 1 year ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
Customer: replied 1 year ago.

Further to my first reply, sent a few minutes ago, I want to confirm that I do wish to continue waiting for a reply from one of your experts. To date, I have received no answer to my question nor have I been asked for any further information.

I would still like to know when I am likely to receive an answer to my question.

XXXX XXXXX

Expert:  Fran-mod replied 1 year ago.
Hello Brian,

We cannot predict how long it will take for a question to be answered. That depends upon the nature of hte question, its complexity and subject area and the professional areas of expertise and the time constraints of the lawyers on line, among other things.

We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Customer: replied 1 year ago.

Sarah,


Thanks for your response. While I accept that delays can occur, it gets confusing when your replies to me come up as if they are the expert professional's reply!


Thank you for giving my business priority status.....it is now almost 24 hours since I submitted my question and I do hope, as I was originally told, that a professional expert was already working on my question.


Brían

Expert:  Fran-mod replied 1 year ago.
Hello Brian,

There are presently no French legal experts on line We thank you for your patience.
Expert:  Wendy-Mod replied 1 year ago.
Hello again,

We are still working with our Legal professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.

Thank you,
Wendy
Customer: replied 12 months ago.

Wendy,


While I am disappointed that it is taking so long, I am willing to continue to wait for a professional answer, particularly as this is what I have already paid you for.


Brían

Expert:  Fran-mod replied 12 months ago.
Your question is open to all of our legal professionals and site researchers. I will mark your question high priority for you.
Expert:  TKenney, Ph.D. replied 12 months ago.
Hello,

The only obstacle could be (will probably be) the children of your wife because in French law it is illegal to disinherit ones children.. In fact, French estate/succession law reserves a percentage of the deceased parent's property to the children (around 35 %) no matter what the deceased parent's (spouse's) will may specify (and even if the children were estranged, never contacted or visited the parent while alive, never went to that parent's funeral, and hated the deceased parent with a passion). This is the position under French law.

It is important to also underline that under international law all the real estate property in France will be governed under French estate law no matter what country the owner dies in or was the last country of residence.

In France, a Notaire (a ministerial officer) deals with the transferring of the title of real estate property to heir(s) (person(s) legally entitled to inherit the property) after death. The French Notaire will also have to see what matrimonial status you have because in French law the matrimonial status determines whether or not the property can go totally to the surviving spouse or not and make an exception to the 35% children's reserve rule.
Customer: replied 12 months ago.

Dear Mr Kenney,


I thought I made it clear in my question that my wife (aged 57) has no children. My concern was that her brothers and her sister might have rights to her property under French law.


It seems from what you say that, as her lawful husband, her leaving the house to me under her will is free of obstacles. Is this correct?


Brían Howlett

Expert:  TKenney, Ph.D. replied 12 months ago.
Thank you for clarifying your facts. Your wife's brothers and sister will have no rights to your wife's property under French law, unless she was not married. In French law everything goes to the surviving spouse and their children if any. Your wife has no children therefore everything goes to you.

Yes, you are correct, as the lawful husband, your wife, with no children, leaving the house to you under her will is free of obstacles. (Unless your wife's brothers and sister decide to challenge the validity of your marriage and the will).
Customer: replied 12 months ago.

Thank you for your advice which I value.

Expert:  TKenney, Ph.D. replied 12 months ago.
I am glad I was able to answer your question. Please don’t forget to provide a positive rating so I can get credit for the service I provided to you. If the answer was particularly helpful a BONUS is always appreciated too! Best regards!!
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 825
Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
TKenney, Ph.D. and other French Law Specialists are ready to help you
Customer: replied 11 months ago.

Dear Mr Kenney,


I sent a very positive rating on 29th August to JustAnswer and, I'm pretty sure, directly to you too. I'm sorry if you do not appear to have received it.


My thanks again for your helpful judgement on the question I raised.


Brían Howlett

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • TKenney, Ph.D.

    French Attorney (Avocat à la Cour)

    Satisfied Customers:

    785
    Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawyerAvocat/2013-2-18_172451_balance000.64x64.jpg TKenney, Ph.D.'s Avatar

    TKenney, Ph.D.

    French Attorney (Avocat à la Cour)

    Satisfied Customers:

    785
    Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
  • http://ww2.justanswer.com/uploads/AV/A.Valcke/2013-7-8_11622_valcke1.64x64.jpg A.Valcke's Avatar

    A.Valcke

    Solicitor

    Satisfied Customers:

    70
    Lawyer with Maîtrise en droit & Licence spéciale en droit européen.
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    420
    Spanish Attorney
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    45
    UK based Immigration Solicitor
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg Top_advisor's Avatar

    Top_advisor

    Attorney

    Satisfied Customers:

    31
    Solicitor and Attorney