| Notaires de France

Yes. The termination of the Civil union only becomes opposable to third parties, here to the mutual insurance company, from the day when the publicity formalities have been completed, which means, from the mention made by the state civil officer on the birth certificates of the partners (art. 515-7, al.8…

No. When the owner of premises for commercial use has notified the tenant of his intention to sell this property, this notification constitutes an offer to sell to the benefit of the tenant. If he accepts it, he has a period of two months to complete the sale, from the…

No. If the sale concerns part of the land, the capital gain is determined by taking into account the fraction of the acquisition price relating to this part alone. The same applies to charges and indemnities increasing this price (BOI-RFPI-PVI-20-10-20 §130).

Buying real estate during divorce proceedings is possible, but the operation is risky. Under the old contentious divorce regime (procedures initiated before January 1, 2021, as in your case), the date of the effects of the divorce between the spouses is fixed on the date of the ONC, subject to…

Yes. Article 754 paragraph 4 of the Civil Code provides that one can represent the person whose inheritance has been renounced. Even if the children have renounced the estate of their predeceased father, they can re present him in the estate of their grandfather.

Yes, but only under certain conditions. The defaulting co-owner, who is neither presumed absent nor unable to express his will due to removal, must then be given formal notice by extrajudicial act to be represented at the partition. The request must come from one of the co-sharers. If within three…

No. A municipality can very well decide to pre-empt a property offered for sale at a selling price lower than that desired by the seller. The latter must send the owner its proposal by registered letter with acknowledgment of receipt, within 2 months of receiving the DIA. The seller then…

Yes. This rule is intended to protect the family home and applies even when this property belongs to one of the spouses only. In the absence of your wife's consent to this sale, she could request the cancellation within one year from the day she became aware of it and…

However, I did not do so within the 24-month deadline. Can the exemption be challenged? Yes. During the first transfer of a dwelling other than the main residence, it is possible to ask to be exempted from the capital gain which has been realized, provided that all or part of…

Real estate

My spouse benefited from his partner's mutual insurance contract. The rupture of their Civil union was registered in Sept. , the mention on the birth certificates was made then. In the meantime, he'd an accident. Does he still benefit from the contract?

I want to sell my business premises. I informed my tenant and offered to buy it. He replied to me 4 months ago telling me he wanted to exercise his right of first refusal. I haven't heard from him since Am I still bound by his acceptance?

With my spouse we have a plot of 1000m2 where we built our house, then proceeded to divide the plot. We just want to sell the unbuilt part. The value of land to be used to calculate the real estate capital gain, zero?

I am in the process of divorcing my husband, the non-conciliation order has just been made. If I acquire a property (married in community regime), will it belong to me in its entirety?

My nephews renounced their father's estate 10 years ago. Their grandfather passed away last year. His house has just been sold. Can they perceive the share that should have gone to their father?

One of the co-heirs has accepted the succession but has not responded to reminders from the notary for several months. Can we still share?

I am selling my house. My notary sent the declaration of intent to alienate (DIA) to the town hall. If the latter decides to exercise its right of pre-emption, does it have to acquire the property at the price initially fixed?

I am married under the separate property regime. My wife and I live in an apartment that I own. I want to sell it and the notary tells me that my wife's consent is required. Is it true?

I am a tenant, and I am selling my second home. I informed the notary that I wanted to reinvest the price in the acquisition of a principal residence and benefit from the exemption from the capital gain provided for in this case (...)