Frequently asked questions about Famille

A question ? Need help ?

I am associated with my spouse and my brother in a family SCI subject to IR. With my spouse, we occupy one of the properties of the SCI as our main residence. The SCI has decided to sell this property (...)

Will the 3 partners be exempt from real estate capital gains? No. Capital gains realized on the sale of the main residence of the seller on the day of the sale are exempt (article 150 U, II-1° of the General Tax Code). When the property is held through a company…
See more
I own a house inherited from my parents. Upon my death, I wish to bequeath it to one of my daughters, then have it passed on to my grandson upon her death, with the condition that he transfers it to his future child. Is this possible ?

Partially. By will, you can bequeath this house to your daughter with the condition that she keeps and transfers it to her son (Article 1051 of the Civil Code). However, the law does not allow you to impose this condition on your grandson (Article 1053 paragraph 1 of the Civil…
See more
My uncle wants to give me a building plot. I'm married with joint ownership. Will my husband have any rights to the property?

Yes, in principle. When spouses adopt the regime of universal community, all movable and immovable property owned by them on the day of adoption of this regime, and all that they acquire subsequently, are held in common (art. 1526 C. civ.), with the exception of property that is private by…
See more
My mother has a notarised lasting power of attorney (mandat de protection future), and I am her attorney. She used to make regular monetary gifts to her grandchildren, and I am continuing this practice. The notary says this is not allowed. Is he correct?

Yes. The law prohibits the attorney from carrying out acts of gratuitous disposal (such as a gift) on behalf of the protected person without the prior authorisation of the guardianship judge (Article 490 of the French Civil Code)
See more

Can't find your question ?

Ask a question to a jurist of Notaires Infos

Notaires-infos

Tél. : 0.892.011.012
(0,80 cts / min.)

Poser une question