Frequently asked questions about Immobilier

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My spouse and I own our house which we plan to sell. Since my spouse has been in a nursing home (EHPAD) for a year, will the notary still consider this the sale of his primary residence so that he is exempt from capital gains tax?

Yes, but under certain conditions. Your spouse can benefit from this exemption if the signing of the authentic sale deed occurs within two years of his entry into the nursing home (Article 150 U, II, 1°ter CGI and BOI-RFPI-PVI-10-40-20 §80 and 90). Other conditions must also be met (income cap…
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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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In 2018, the municipality chose not to exercise its right of pre-emption during the sale of my property. Today, after my buyer withdrew, I am putting my property back on the market. Does the urban pre-emption right apply again?

Yes. The law provides that when the seller has not sold their property within three years following the municipality’s decision not to exercise its pre-emption right, the municipality regains this right (Art. L213-8, paragraphe 2, Urban Planning Code).
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We are 3 brothers and sisters who own an undivided piece of farmland. My sister and I want to rent it out, but my brother is against it. Do we all need to agree?

Yes, in principle, if only some of the undivided co-owners wish to enter into a lease on an undivided property, they must hold at least two-thirds of the undivided rights in order to do so. However, this rule does not apply to leases on agricultural real estate (art. 815-3, 4°…
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