Frequently asked questions about Immobilier

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In the context of a life annuity (viager) sale, who is responsible for paying the various charges on the property?

The law is silent on this matter. Therefore, it is advisable to specify the allocation of charges in the sale agreement. For example, if the life annuity is occupied, it may be agreed that the annuitant (i.e., the seller) will bear all the charges related to the property (such as…
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I am retired and have low income. Am I exempt from capital gains tax if I sell my secondary residence purchased in 2021?

Yes, subject to conditions. To qualify for an exemption from capital gains tax, you must meet all of the following conditions: You receive an old-age pension (retirement pension); You are not liable for the real estate wealth tax (Impôt sur la Fortune Immobilière – IFI); Your reference taxable income for…
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I wish to purchase a property in joint ownership with my father. I will buy the bare ownership, and he will buy the usufruct. However, my father proposes to pay the entire price. Is he allowed to do so?

No. If you are buying the bare ownership, you must pay for it. Therefore, if you do not have the finances, two separate operations are necessary. First, your father must make a monetary gift to you. Then, you can use the gifted money to purchase the bare ownership.
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I rent an apartment to a 68-year-old tenant. I wish to take it back to live in because it has an elevator, which is useful for me at 70. I have been told that my tenant is protected and that I cannot give notice. Is this true?

No. You may reclaim your property because the statutory protection granted to the tenant under Article 15 of the Law of 6 July 1989 does not apply if the landlord is over sixty-five years of age or if his annual income is below the applicable resource ceiling for the allocation…
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I sold my apartment on February 2, but I've just received the property tax notice. Do I have to pay it, or can I ask the buyer to pay part of it?

In principle, property tax is due by the owner on January 1 of the current year. As a result, in principle, you are liable for it. However, it is customary to specify in the deed of sale that the seller and buyer will share the burden of this tax on…
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