Frequently asked questions about Immobilier

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With my spouse we have a plot of 1000m2 where we built our house, then proceeded to divide the plot. We just want to sell the unbuilt part. The value of land to be used to calculate the real estate capital gain, zero?

No. If the sale concerns part of the land, the capital gain is determined by taking into account the fraction of the acquisition price relating to this part alone. The same applies to charges and indemnities increasing this price (BOI-RFPI-PVI-20-10-20 §130).
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I am married under the separation of property regime. I would like to buy a small house to establish our family home there, but my wife wants to buy a large apartment. Does the law allow us to resolve this disagreement?

No. The law provides that the family residence is the place chosen “by mutual agreement” between the spouses. You will therefore need to find a solution between yourselves (French Civil Code, Art. 215, para. 2).
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I purchased the usufruct and a friend purchased the bare ownership of a property. What are the consequences of this dismemberment for the real estate wealth tax (IFI)?

A taxpayer is liable for the real estate wealth tax when the total value of their real estate assets exceeds €1,800,000 (Article 964 of the French General Tax Code). In the situation described, the law provides that the property must be declared at its full ownership value in the usufructuary’s…
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I am a landlord and my tenants have given notice to vacate. In the exit inventory (état des lieux de sortie), I recorded several damages caused by them. However, they refused to sign the document. What can I do?

By law, the entry and exit inventories must be drawn up jointly and amicably by the parties or by a representative (Article 3-2, paragraph 1 of Law No. 89-462 of 6 July 1989). If this is not possible, you may request a commissaire de justice (formerly known as a bailiff)…
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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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