Frequently asked questions about Immobilier

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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 am married under the community property regime, but the family home belongs entirely to me. I have two children from a previous relationship. I’ve been told that if I were to pass away, my wife would have to leave the home. Is this true?

No. Pursuant to Article 764 of the French Civil Code, the surviving spouse may request a lifetime right of use and habitation (droit d’usage et d’habitation viager) over the property that was effectively used as the couple’s main residence at the time of death.
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I am selling my house. My notary sent the declaration of intent to alienate (DIA) to the town hall. If the latter decides to exercise its right of pre-emption, does it have to acquire the property at the price initially fixed?

No. A municipality can very well decide to pre-empt a property offered for sale at a selling price lower than that desired by the seller. The latter must send the owner its proposal by registered letter with acknowledgment of receipt, within 2 months of receiving the DIA. The seller then…
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I am married. Can I buy property alone?

Yes. Ownership depends on your matrimonial regime. Under separation of property, you are sole owner; under community property it is generally joint unless funded with personal assets (Civil Code, Articles 1421 and 1424).
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I wish to sell a parking space (€9,000) and an apartment (€250,000), which is my secondary residence, to the same buyer. Will the parking space be subject to capital gains tax?

Yes. The €15,000 exemption threshold for capital gains tax is assessed per sale and per buyer. According to BOFiP BOI-RFPI-PVI-10-40-70 §80, if multiple lots are sold to the same buyer in a single transaction, the total sale price is considered. Therefore, to benefit from the exemption for the parking space…
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