Frequently asked questions about Donation

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My father donated a property to me in full ownership. Today, I want to sell it, but the notary has informed me that I need the signature of my brothers and sisters, even though I'm the only one who owns the property. Is this formality compulsory?

Yes. Article 924-4 of the French Civil Code stipulates that heirs with reserved rights may bring an action for reduction or revendication against third parties holding real estate that was donated and subsequently disposed of by the recipient. In practical terms, if your father's gift encroaches on your brothers' and…
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I am an adult under a general guardianship order and I would like to make a cash gift to my daughter. Can I do so without the judge’s authorisation?

No. When a person is unable to manage their own affairs, the guardianship judge may authorise one or more persons to represent them, assist them, or carry out one or more acts on their behalf. Pursuant to Article 494-6 of the French Civil Code, in the case of a general…
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I am 70 years old, single and have no children. I am considering giving €4,000 to my adult niece. Will she have to pay gift tax?

It is possible to give your niece up to €31,865 without her having to pay any gift tax, provided that you have no descendants (children or grandchildren), that you are under 80 years of age, and that your niece is of legal age on the date of the gift (Article…
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I gave my children a second home through bare ownership and retained the usufruct. It’s now too costly. Can I give up my usufruct?

Yes. You can renounce or transfer it via donation or sale, which must be notarized and registered. However, renunciation may be requalified as a donation if it involves intention to give, personal loss, and recipient’s gain (Article 894 of the Civil Code).
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