| Notaires de France

No. The co-tenancy rights granted to spouses under Article 1751 of the French Civil Code apply only to leases for premises used exclusively as a family residence. Since the property is used for both residential and professional purposes (mixed use), your spouse will not automatically become a co-holder of the…

Yes, but under specific conditions. In principle, both spouses must be present before the notary to sign the marriage contract (Article 1394 of the French Civil Code). However, case law allows a spouse to be represented by a third party. The representative must hold a special authentic power of attorney…

No. Article L132-11 of the French Insurance Code provides that “where life insurance in the event of death has been taken out without the designation of a beneficiary, the guaranteed capital or annuity forms part of the policyholder’s estate or succession.” Therefore, if no beneficiary is named in the contract…

No. According to Article 345-2 of the French Civil Code, a person cannot be adopted by more than one individual, except by two spouses, partners in a civil solidarity pact (PACS), or cohabitees. The French Supreme Court (Cour de cassation) confirmed this in its ruling of 12 January 2011 (Case…

Yes. The clause de retour conventionnel is a resolutory condition of the donation, as provided under Article 951 of the French Civil Code. It allows the donor to recover the donated property if the beneficiary dies before them. Since your mother has passed away, the condition can no longer be…

No. The tenant’s right of first refusal is not automatic. Unlike residential leases governed by Article 15 of the Law of 6 July 1989, French law does not provide for a statutory right of first refusal in the context of a professional lease. However, such a right may be granted…

It depends on the municipality where the property is located. The purpose of this inspection is to verify that wastewater is not being discharged into the stormwater drainage system. This control may be mandatory if: The municipality has issued a local decree requiring it, pursuant to Article L2224-8 of the…

No. Since 1 June 2020, a decree (No. 2020-153 of 21 February 2020) has capped the fee that a managing agent may charge for preparing the état daté at €380 including VAT. This document is required by the notary to complete the sale of a co-owned property and outlines the…

Yes. The French Commercial Code (Articles A444-53 et seq.) sets out the notary’s fees, known as emoluments, which represent the notary’s remuneration. However, the total cost of a donation deed includes several other components: Registration duties (droits d’enregistrement) payable to the tax authorities; Value Added Tax (VAT) applicable to certain…

Reminder: The partition duty is levied by the French tax administration when co-owners agree to terminate the joint ownership by allocating the jointly owned property to one of them. Except in specific cases, this duty is set at 2.5% of the net value of the assets being divided. Answer: Yes…

I rent a property that I partly use as my residence and partly for professional purposes. My partner and I are planning to get married. Will she automatically become a co-holder of the lease with me?

My future spouse and I have an appointment with the notary to sign our marriage contract. Unfortunately, I have just learned that I will not be able to attend due to professional obligations. Is it possible to appoint someone by proxy?

I was told that if no beneficiary is designated in a life insurance contract, the funds are acquired by the financial institution managing it. Is this true?

My parents divorced and each remarried. My stepmother (my father's wife) adopted me through a simple adoption. Can my stepfather (my mother's husband) also adopt me?

A few years ago, my mother donated a real estate property to me. The deed included a clause de retour conventionnel (right of return) in case I were to die before her. She has now passed away, and I wish to sell the property. Is this possible?

I signed a professional lease with an association. At the end of the lease, I intend to sell the property. Will my tenant benefit from a right of first refusal?

I am selling my house, which is connected to the public sewer system (tout-à-l’égout). My notary is requesting a technical inspection of the wastewater drainage system. Is this mandatory?

I am selling my apartment in a co-ownership property. The managing agent (syndic) is charging me €500 for the état daté. Is this allowed?

I asked my notary for the cost of a donation deed concerning a real estate property. The amount he quoted does not match the fee schedule I found in the French Commercial Code. Is this normal?

I am in joint ownership (indivision) with my brothers over a real estate property located in Corsica, following the death of our mother. I understand that if my brother buys out our shares, we may be exempt from the partition duty. Is this correct?