I am single and have no children. My niece wants to buy her own home and I would like to help her financially. What is the maximum amount I can give her without having to pay donation tax?

Theoretically speaking, nieces and nephews benefit from an allowance of 7967 euros on the value of donations received from their aunt or uncle (art. 779 V of the CGI). If you have no children of your own, your niece may also claim the 31865-euro allowance applicable to the donations. The…
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I entered into a civil partnership 5 years ago. We separated 2 years ago without breaking our civil union. I've met someone and we're getting married. Is it true that marriage automatically ends the civil union?

Yes, the marriage of one of the partners, including to a third party, automatically terminates the Civil union (art. 515-7, al. 1 C. civ.). The civil registrar at the place of the ceremony must make a note of the marriage in the margin of the birth certificate (of the ex-partner…
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I rent a parking space in the residence which is right next to mine. My landlord has informed me that he has sold it to one of the co-owners of his building, without offering it to me. Did he have the right to do so?

Yes, the tenant's right of pre-emption in the case of the sale of a property leased by him only applies to residential or mixed-use premises that constitute the tenant's principal residence. Therefore, it does not apply to the sale of a parking space, unless it constitutes an accessory to the…
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My wife and I are married under the community of property regime. We haven't been living together for several years and would like to have this legal separation declared by a judge. If we ever decide to live together again, what would be the consequences?

The resumption of cohabitation puts an end to the legal separation and re-establishes the previous effects attached to the marriage, with the exception of the matrimonial property regime, the separation of property being maintained (art. 305, al. 1 and 3 C. civ.). Please note: for this situation to be known…
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Real estate market report n°59 - april 2023

french property market report 59
15 May 2023

Real estate situation analyzed by the notaires de France: property prices and trends in the 4th quarter 2022

  • Real estate
My father has just passed away. He had drawn up his own will and then entrusted it to his notary. For the settlement of the succession, is the depositary notary obliged to record the opening of the will on death and if so, within what time frame?

Yes. The law provides that the notary depositary of the holographic will, draws up a report "on the spot" of the opening and status of the will, specifying the circumstances of its deposit. The original of the will is appended to the minutes. These documents are then maintained in the…
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We applied for guardianship of my father. Is it up to us to pay the guardian?

No. If the measure of guardianship is entrusted to a member of the family, it is then exercised free of charge. Sometimes, the guardianship judge or the family council, realizing the importance of the property which needs to be managed or the difficulty of exercising the measure, may award compensation…
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