Frequently asked questions about Immobilier

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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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I have signed a contract for a property sale in the future state of completion (VEFA). The delivery is scheduled after my marriage. Will this real estate become part of the marital community?

No. According to Article 1601-3 of the Civil Code, the land ownership is transferred to the buyer the moment the future state completion sales contract is signed. Therefore, the property is considered your personal asset. However, any payments for future constructions paid after your marriage are assumed to be communal…
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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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We have entrusted the sale of our house to several real estate agencies. One of the agents is personally interested in our property. Can he buy it?

No. Article 1596 of the Civil Code provides that « the following cannot become purchasers, under penalty of nullity, either by themselves or through intermediaries: […] Agents, of the goods they are responsible for selling […] » Indeed, the agent cannot both represent the seller and acquire his property, under…
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