There is a tenant in our condominium occupying a commercial unit who is causing numerous nuisances. I want to amend the condominium rules to change the purpose of this unit to professional use. What majority is required to pass this resolution?

When it comes to modifying the use of private areas belonging to a co-owner or the terms of their enjoyment (for example, transforming a commercial space into a professional space), the law requires unanimity (Article 26 of the law of July 10, 1965).
See more
My spouse and I are German nationals. We are going to buy a house in France from a couple where the husband is also German. The preliminary sale agreement was written in German. The notary tells us it is not possible for the authentic sale ...

....deed to be in German. Is this correct? Yes. While it is possible to draft a private agreement in a foreign language under certain conditions, documents prepared by a notary must be written in French.
See more
I have just learned that my father is very indebted. To protect myself, can I already renounce his inheritance before his death?

No. Articles 720 and 722 of the Civil Code state that "inheritances open upon the death of the deceased" and that "all agreements aimed at creating rights or renouncing rights to all or part of an unopened inheritance or any of its assets only take effect if authorized by law."…
See more
I wish to purchase a property in joint ownership with my father. I will buy the bare ownership, and he will buy the usufruct. However, my father proposes to pay the entire price. Is he allowed to do so?

No. If you are buying the bare ownership, you must pay for it. Therefore, if you do not have the finances, two separate operations are necessary. First, your father must make a monetary gift to you. Then, you can use the gifted money to purchase the bare ownership.
See more
My aunt is widowed and has no children. I heard she might be under guardianship. How can I verify this?

If your aunt has been placed under a protective measure by a court judgment (guardianship or curatorship), it is noted on her birth certificate (Article 444 of the Civil Code). You can request a copy of her birth certificate from the town hall of the municipality where she was born.
See more
I have a life estate on a property that belonged to my late husband. The property benefits from an easement of passage on the adjoining land. My neighbour is preventing me from using it, arguing that I am only a life tenant. Is he right?

No. The law states that the usufructuary can enjoy “rights of servitude, of passage, like the owner himself.” You should remind your neighbour of Article 597 of the Civil Code.
See more
I am a tenant, and my landlord is a SCI (real estate investment company). Can the partners give me notice to move out in order to house a relative?

Yes. According to Article 15 of the law of July 6, 1989, the landlord can give you notice at the end of the lease with proper notice and justification, particularly for the purpose of housing a close relative (such as descendants, ascendants, or a PACS (civil union) partner. Article 13…
See more
Is it legal to make a will one month before passing away?

Yes. The law does not set any time limit between writing a will and the day of death. However, to be valid, the testator must be of sound mind (Articles 414-1 and 901 of the Civil Code). Therefore, a person cannot make a will after the opening of guardianship without…
See more
How can I find out if I am the beneficiary of a life insurance policy?

You can contact a notary to check the FICOVIE database or reach out to the AGIRA organization (https://www.agira.asso.fr/) which will contact various institutions managing life insurance policies. This way, you will know if you are a beneficiary and which institution holds the policy.
See more
My spouse passed away, and we did not have a joint will. Since he had children from a previous marriage, I receive 1/4 of his estate. Can I accept only part of his inheritance?

No. The right of the surviving spouse to limit their acceptance to certain assets (known as "cantonment") is only legally possible if there is a joint will between spouses (Article 1094-3 of the Civil Code). In the absence of such a provision, you can only accept or renounce the entire…
See more