I've been living in a rent-free apartment for years. The owner tells me he's just sold it. Can I ask for the sale to be annulled because he didn't offer it to me as a priority?

No. You're probably thinking of the tenant's right of pre-emption under a residential lease (provided for in article 15 of the law of July 6, 1989). In your case, you are not a tenant, as you occupy the property free of charge. The owner is therefore under no obligation to…
See more
My father just passed away and we are three of his children. He had drawn up a will that benefited me to the detriment of my brothers and sisters. The latter are contesting his will. Can they do so?

No. It is perfectly possible to break the equality between heirs. However, the notary will have to ensure that your share does not encroach on the hereditary reserve of your coheirs. If this is the case, they will be entitled to claim, "financial compensation" from you, known as a "reduction…
See more
I'm about to buy a property. The property was rented, and the seller has given his tenant notice to sell. In the meantime, he has lowered the price by 20,000 euros. The notary tells us that we have to propose the sale of the property to the tenant again.

Is this true? Yes. Article 15 of the French law of July 6, 1989, stipulates that "in the event that the owner decides to sell on terms or at a price more advantageous to the purchaser, the notary must, if the lessor has not previously done so, notify the tenant…
See more
I own a property consisting of a main building that I occupy with my family and two independent houses that I rent out on a furnished basis. I plan to sell the property.

Could I stil benefit from the capital gains exemption on the sale of my main residence? Yes, but only on the part that constitutes your principal residence. For you to benefit from the capital gains tax exemption, the sale must relate to your principal residence (art. 150 U, II, 1°…
See more
My grandfather plans to give me one of his plots of land that I farm. He wants to include a right of return for my sister so that the land does not revert to my wife on my death.

The notary refuses to include this in the deed of gift. Why? In accordance with article 951 of the Civil Code, "the donor may mention the right of return of the objects donated either in the case of the death of the donee alone, or in the event of the…
See more
My father passed away 3 months ago. My mother opted for the usufruct. My brothers and I are liable for inheritance tax. I'd like to ask the tax department to defer payment until the day the usufruct ends. Should my brothers also request this ?

No. You may be the only one to opt for deferred payment of inheritance tax. However, it is imperative that your brothers give their express agreement to this request, and that they declare that they have been informed that, in the event of default on your part, they remain liable…
See more
A few years ago, my parents, who were married and living separate and apart, set up an SCI subject to income tax. They were the only two partners. My mother has died, and my father has opted for usufruct. As the bare owner of my mother's shares, I...

...became a partner in the company. Do I have to declare the company's profits? No. When ownership of shares is divided between a usufructuary and a bare owner, it is up to the usufructuary to declare the sums he or she receives from the company's profits (art. 8 CGI), which…
See more
My boyfriend and I want to get married. We are 19 years old. He's a foreigner, and in his country the age of majority is 21. Can we still enter a civil partnership in France?

No, only individuals of legal age are permitted to enter a civil union (Art. 515-1 C. civ.). Additionally, as it involves a contract, one must also possess the capacity to contract. For persons of foreign nationality, their legal capacity is determined by the laws of their respective countries (Art. 3…
See more
My wife and I are married without a contract. She left the marital home several years ago. We don't want a divorce or legal separation. However, we would like to declare our income separately. Is this possible?

Yes, under certain conditions. In principle, when you are married, you are subject to joint taxation with your spouse for the income each of you receives (art. 6, 1, CGI). However, it is possible to request separate taxation when one of the spouses has abandoned the marital home and each…
See more
4 years ago my father took out a loan to buy his house. The bank then registered a mortgage on the property. We recently had him placed under curatorship. We've just learned that he hasn't paid the last instalments and that the bank is threatening to...

...seize his house. Is this possible despite the protective measure? Yes. The protection of the protected person's home has the effect of limiting the acts that his representative can perform (art. 426 C. civ.). However, this does not mean that the property cannot be seized by creditors, in this case…
See more