Frequently asked questions about Immobilier

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I was living in a common-law relationship in an apartment rented solely in my partner’s name. Unfortunately, she has just passed away. Can I have the lease transferred to my name?

Yes, subject to conditions. Article 14 of Law No. 89-462 of 6 July 1989 provides that, in the event of the tenant’s death, the lease is transferred in particular “to the de facto partner who had been living with [the tenant] for at least one year at the date of…
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I have signed a contract for a property sale in the future state of completion (VEFA). The delivery is scheduled after my marriage. Will this real estate become part of the marital community?

No. According to Article 1601-3 of the Civil Code, the land ownership is transferred to the buyer the moment the future state completion sales contract is signed. Therefore, the property is considered your personal asset. However, any payments for future constructions paid after your marriage are assumed to be communal…
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A few years ago, my mother donated a real estate property to me. The deed included a clause de retour conventionnel (right of return) in case I were to die before her. She has now passed away, and I wish to sell the property. Is this possible?

Yes. The clause de retour conventionnel is a resolutory condition of the donation, as provided under Article 951 of the French Civil Code. It allows the donor to recover the donated property if the beneficiary dies before them. Since your mother has passed away, the condition can no longer be…
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I wish to sell a parking space (€9,000) and an apartment (€250,000), which is my secondary residence, to the same buyer. Will the parking space be subject to capital gains tax?

Yes. The €15,000 exemption threshold for capital gains tax is assessed per sale and per buyer. According to BOFiP BOI-RFPI-PVI-10-40-70 §80, if multiple lots are sold to the same buyer in a single transaction, the total sale price is considered. Therefore, to benefit from the exemption for the parking space…
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I am a tenant and have just learned of my landlord’s death. The automatic payments for my rent have been rejected. What can I do, since I do not know the identity of the heirs?

Please note that your lease continues to be valid until a formal notice of termination is issued by the heirs, in accordance with the procedures set out in Article 15 of the Law of 6 July 1989. You may send a registered letter with acknowledgment of receipt to your landlord’s…
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