Frequently asked questions about Immobilier

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My father has passed away. He was the sole owner of a house where he lived with his wife. In his holographic will, he deprived her of her legal rights to the estate and gave her the usufruct of his movable property. Can she continue to live in the house?

Yes. Article 764 of the Civil Code provides for the benefit of the surviving spouse a right of habitation to the accommodation which he occupied as his principal residence at the time of death, and a right of use to the furniture within the latter. It can only be deprived…
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I want to sell my business premises. I informed my tenant and offered to buy it. He replied to me 4 months ago telling me he wanted to exercise his right of first refusal. I haven't heard from him since Am I still bound by his acceptance?

No. When the owner of premises for commercial use has notified the tenant of his intention to sell this property, this notification constitutes an offer to sell to the benefit of the tenant. If he accepts it, he has a period of two months to complete the sale, from the…
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Following unpaid rent, I obtained the judicial termination of the lease and an eviction judgment. The accommodation is in Martinique. Can the tenant benefit from the "winter break" from November 1st?

Pursuant to Article L.412-6 of the Code of Civil Enforcement Procedures (CPCE), the winter truce which suspends any execution of an eviction extends from November 1 to March 31 of the following year in Metropolitan France. But in Guyana, Guadeloupe, Martinique, Reunion Islands and Mayotte, the period of suspension of…
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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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