Yes. You may sign a preliminary sale agreement on your own; however, the property will be considered joint property if the purchase is completed before the effective date of the divorce, which is the date on which the divorce agreement is filed with a notary. Unless the spouses have agreed…
To be considered an heir, you must be officially designated as his daughter. Since he can no longer acknowledge you, you may establish possession of status either by a notarised affidavit (Article 310-1 of the French Civil Code) or by a court judgment (Article 330 of the French Civil Code)…
No. You may reclaim your property because the statutory protection granted to the tenant under Article 15 of the Law of 6 July 1989 does not apply if the landlord is over sixty-five years of age or if his annual income is below the applicable resource ceiling for the allocation…
Yes. If your association syndicale libre (ASL) has not updated its bylaws to comply with the law resulting from the 2004 reform (Article 60 of Ordinance No. 2004-632 of 1 July 2004), it retains its legal existence but can no longer take legal action because it has lost its legal…
No. The deferred salary credit is intended to compensate for unpaid assistance provided by a descendant to the farming operator. Since your mother was not herself a farmer, your brother cannot claim a deferred salary credit against her estate. Their matrimonial regime has no impact on this matter.
No. The property must necessarily become your principal residence (French Supreme Court, 3rd Civil Chamber, 31 January 2001, No. 99-11.956). This means you must occupy the property effectively and permanently, and it must be the center of your family interests. The tenant may hold you liable and seek the annulment…
Yes. The seller is exempt from capital gains tax when selling a property that has been owned for more than 30 years (BOI-RFPI-PVI-20-20 §§60 and 70). In your case, the holding period must be calculated in two separate parts: You became the owner of half of the property more than…
Yes. If your works “ modify the load-bearing structures or the façade of the building and involve a change of use ,” you must apply for a building permit (Article R 421-14 of the French Urban Planning Code).
No. Marriage has no effect on your surname. However, as an option, the law allows you to use your spouse’s surname, for usage purposes only, either by substitution or by adding it to your own surname in the order you choose (Article 225-1 of the French Civil Code).