| Notaires de France

Yes… but. The new allocation of parking spaces should have been formalised through an amendment to the descriptive statement of division, which must normally be registered with the Land Registry (Law No. 65-557 of 10 July 1965, Article 13). If it was not registered, this amendment is enforceable against you…

The divorce takes effect on the date of the divorce petition when it is granted on the grounds of mutual acceptance of the principle of marital breakdown, permanent impairment of the marital bond, or fault (Article 262-1, paragraph 3 of the French Civil Code). Any asset acquired after that date…

The holding period for calculating real estate capital gains tax starts from the date of the deed of acquisition of the land, not the completion date of the construction works (BOI-RFPI-PVI-20-20). The acquisition price may be increased by construction expenses for their actual amount, provided the works were carried out…

Yes… but If the divorce occurs during the rental commitment period, one of the ex-spouses may, subject to compliance with all conditions attached to this tax incentive scheme, request to take over the commitment for their own benefit. Otherwise, the tax reduction will be revoked. It is also accepted that…

Yes. Only the notary who holds the will (to whom your father entrusted it) is the custodian of the original. As soon as he is informed of the testator’s death, he must immediately draw up a report of opening and condition of the will, specifying the circumstances of its deposit…

No. The surviving spouse may claim a lifetime right of use and habitation over the property that was their main residence at the time of the spouse’s death, provided it belonged to the couple or to the deceased (Article 764 of the French Civil Code). However, case law (a body…

As a reminder: A spousal gift (donation entre époux) is a notarised deed intended to maximise the rights of the surviving spouse without disinheriting the children (Article 1094-1 of the French Civil Code). Yes. Provided there is no prohibition stated in the spousal gift and as long as a statutory…

Yes, but… The law applicable to your mother’s estate is French law, since her tax residence was in France. You may choose any notary you wish, but only a French notary can file the deeds recording the transfer of ownership of your mother’s real estate with the Land Registry (Article…

Article 917 of the French Civil Code allows the reserved heirs, if their reserved share is encumbered by a legacy in usufruct, either to accept it or to request that the disposable portion be allocated to the legatee. This second option creates joint ownership between your partner and your children…

Yes, but… In a dismembered capitalisation contract, the usufructuary has the right to manage the contract and to make redemptions (partial or total) without the bare owner’s consent (Article 578 of the French Civil Code), unless otherwise stipulated. However, upon termination of the usufruct, the usufructuary must return to the…

I purchased an apartment a year ago. Before my purchase, the co-owners allocated common parking spaces among themselves, but the deeds were not registered. Are these decisions enforceable against me?

I have been divorced for one month (on the grounds of my ex-husband’s fault) and I am awaiting the liquidation of the community property. I want to buy a car because I have found a new job far from my home. Will the car belong to me entirely?

My husband and I bought a plot of land and built our second home ourselves. We now want to sell it. For the purpose of calculating the capital gain, which acquisition date should be used? Can the cost of materials be included?

I am in the process of a divorce by mutual consent. My ex-spouse and I purchased a property under the Pinel tax scheme, and the commitment period ends in three years. Can we sell it before this deadline, and what steps should we take?

My father has passed away. The notary handling the estate only shows me a copy of his will and informs me that the original is with another notary. Is this legal?

My husband has passed away. We lived in a home that had been gifted to him by his parents. This gift included a right of reversion that his parents now wish to exercise. Do I still have a lifetime right of use and habitation over this property?

I am the beneficiary of a spousal gift in which my late husband granted me the usufruct of his entire estate. Can I choose to take only the usufruct over our main residence and not over the entire estate?

I am a Swiss tax resident. My mother, who passed away this year, lived in France in a house she owned and did not make a will. Can I appoint a notary in Switzerland?

I wish to make a will in favour of my partner to grant him the usufruct of our home. My notary advises me to exclude Article 917 of the French Civil Code to avoid joint ownership. Can you explain why?

After my mother’s death, my father and I invested the inheritance money in a capitalisation contract, under which he holds the usufruct and I hold the bare ownership. Can he redeem the contract without asking for my consent?