Frequently asked questions about Immobilier

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Following the death of our parents, my brothers and I became joint owners of a property located in a condominium. The general meeting of co-owners is due to be held soon. Can each of us take part in the vote, given that we don't get along?

No. When a condominium is held by undivided co-owners, the indivision as a whole is represented by a joint agent chosen by the undivided co-owners. In the case of a disagreement, the representative is appointed by the president of the court to which the matter has been referred either by…
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Last week, I signed a lease for an apartment, but I am not scheduled to move in until the end of the month. I have just found another property that suits me better. Can I withdraw from the lease?

No. The lease you signed must include certain mandatory information, including the effective date and the duration of the lease, as required by Article 3 of Law No. 89-462 of 6 July 1989. In most cases, the effective date is the date the lease is signed, not the date of…
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I own an apartment that is currently rented out. The lease is about to expire: can I take back the property to use it as a pied-à-terre?

No. The property must necessarily become your principal residence (French Supreme Court, 3rd Civil Chamber, 31 January 2001, No. 99-11.956). This means you must occupy the property effectively and permanently, and it must be the center of your family interests. The tenant may hold you liable and seek the annulment…
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I am cohabiting and I intend to buy out my partner’s share. I have been told about a preferential partition duty. Can I benefit from it?

No. Unlike partitions following legal separation, divorce or the dissolution of a civil partnership (PACS), cohabitation does not benefit from the preferential partition duty of 1.10% on the net assets divided. The applicable rate between cohabitants is 2.50%, or even 5.80% where balancing payments are made (Arts. 746 and 747…
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After their retirement, my parents moved to Portugal, where they bought a house. My father has passed away, and we need to appraise this residence for the inheritance declaration. How should we proceed ?

Generally, when the deceased owned real estate, the value to be considered for the inheritance declaration is the market value on the date of death (Article 761, paragraph 1 of the General Tax Code and BOI-ENR-DMTG-10-40-20 §20). This is the value that would be obtained if the property were sold…
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