Frequently asked questions about Immobilier

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Yes. Grandparents can accept gifts on behalf of their grandchildren, even if the parents are still alive (Article 935 of the Civil Code).

No. The surviving spouse who co-owns the deceased's property can request the preferential allocation of the main residence if it was already their home at the time of death (Article 831-2, 1° Civil Code). If requested, this allocation is automatic and binding on the other co-owners (Article 831-3 Civil Code).

...take over her lease. Is it possible? It depends . Indeed, on the death of the tenant, the rental contract can be transferred to the descendants who lived with him for at least one year on the date of death (art. 14 law n ° 89-462 of July 6, 1989)…

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…

Yes. The seller is exempt from capital gains tax when selling a property that has been owned for more than 30 years (BOI-RFPI-PVI-20-20 §§60 and 70). In your case, the holding period must be calculated in two separate parts: You became the owner of half of the property more than…

Frequently asked questions about Immobilier

A question ? Need help ?

I want to give an apartment to my 17-year-old nephew. My mother says she can accept it for him. Is that true?

My spouse has passed away. He owned the apartment where we were living at the time of his death, which he bought before our marriage. I have a ¼ share of his estate. I want to become the owner, but his children do not agree. Can they prevent it?

My parents having had 4 children, they obtained social housing with 5 rooms about thirty years ago. After the death of my father, my mother stayed in this apartment, and I came to live with her a year and a half ago. She passed away and I want to (...)

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?

I have been divorced for 32 years, and we divided our assets in 2018. At that time, I became the sole owner of the house. Today, I am selling it. Will I be liable for capital gains tax?