Frequently asked questions about Donation

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I am the beneficiary of a spousal gift in which my late husband granted me the usufruct of his entire estate. Can I choose to take only the usufruct over our main residence and not over the entire estate?

As a reminder: A spousal gift (donation entre époux) is a notarised deed intended to maximise the rights of the surviving spouse without disinheriting the children (Article 1094-1 of the French Civil Code). Yes. Provided there is no prohibition stated in the spousal gift and as long as a statutory…
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My grandfather gave me a piece of land. The deed of gift contains an inalienability clause valid until his death. I need to borrow money from a bank. Can the latter register a mortgage on my land?

Yes . If the inalienability clause has the effect of prohibiting you from selling or giving away the property you have received, it is always possible for your creditors to take out a mortgage registration on the property given (Civ. 1e, Oct. 9, 1985, n°84-13.306 concerning a judicial mortgage and…
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My uncle of French nationality lives abroad. He wants to help me finance the acquisition of my home by giving me money. Do I have to declare this operation in France ?

Yes. When the beneficiary of a donation is domiciled in France on the day of the donation or has had his tax residence in France for at least six years during the last ten years preceding the donation, all the assets he receives located in France or outside France are…
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I wish to make a monetary donation to my municipality to finance the renovation of the music hall. Am I entitled to a tax reduction?

Yes, subject to conditions. The donation must be allocated to a project that meets the criteria set out in Article 200 of the French General Tax Code (cultural, social, educational nature, etc.). The municipality must record the donation separately in its accounts, use it in accordance with your wishes, and…
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