Frequently asked questions about Immobilier

A question ? Need help ?

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°…
See more
I am married under the regime of community of property reduced to acquisitions. My husband has inherited an undivided share in a real estate property. Today, we wish to purchase the share of his co-owner. Will I become the owner of the property?

No. Under the community of acquisitions regime, assets received by way of succession are considered separate property of the spouse who inherits them (Article 1405, paragraph 1 of the French Civil Code). Consequently, the undivided share inherited by your spouse is his separate property. If you purchase the share of…
See more
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…
See more
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).
See more
I am selling the property that I bought in 1998. At the time the price was expressed in francs. Is the notary obliged to use the INSEE converter to determine the amount of the transaction that shall be carried out in euros ...

... and calculate the capital gain for which I am liable? No. The INSEE converter is a tool that makes it possible to determine the equivalence between two currencies. It takes into account the currency depreciation due to inflation. Nevertheless, to the extent that this tool works on the basis…
See more

Can't find your question ?

Ask a question to a jurist of Notaires Infos

Notaires-infos

Tél. : 0.892.011.012
(0,80 cts / min.)

Poser une question