Following an argument with my daughter about the choice of her studies, I want to cancel the donation I gave her 5 years ago. Is it possible?

No. Indeed, when you donate, it is irrevocable. The donated property enters the patrimony of the donee (the one who receives the property) and you cannot recover it. However, there are legal exceptions to this irrevocability (article 953 of the Civil Code): when the donee has not fulfilled the obligations…
See more
I have drafted my will, can I keep it at home?

Yes. You can keep your holographic will at home. But by doing so, you take the risk that it will not be discovered when you die or that one of your relatives will make it disappear. As a precaution, you can give it to a notary and ask them to…
See more
I am interested in buying a house in the countryside that seems abandoned. How to find the current owner?

If you do not obtain this information from the neighbors or the town hall of the property’s location, you can find the name of the owner by contacting the Land Registry Service of the department where the property is located. (https://www.servicepublic.fr/particuliers/vosdroits/F17759). You will have to provide the cadastral references of…
See more
We want to buy a property with my partner and his/her grandmother. My partner and I would acquire the bare ownership of the property and the latter’s grandmother the usufruct. In order to determine the rights of each on the propety(...)

...are we bound by the tax scale of article 669 of the general tax code ? No. The purpose of this scale is to determine the respective values of usufruct and bare ownership for the calculation of the duties due in regard to the tax authorities. It does not impose…
See more
To acquire our future property, my friend and I must take out a mortgage. The deadline for the fulfillment of the suspensive condition is approaching and for the time being, we have only obtained an agreement in principle from our banker(...)

... Can we consider that our loan has been granted ? No. As the legislator did not define the concept of obtaining a loan, the Court of Appeal specified that it corresponds to "the presentation by a credit agency of a firm and unreserved regular offer corresponds to the characteristics…
See more
I am buying a property which is worth 15,000 euros. The signing of the final agreement takes place next week. I sent a check to the notary corresponding to the sale price and the purchase costs, but they told me that I have to make a bank transfer (...)

... Is that right? Yes. When the notary receives or makes a payment on behalf of the parties for a deed that it draws up in the authentic form and publishes in the real estate file, this payment must be made via a transfer (art. L.112-6-1 Monetary and Financial Code)…
See more
Six years ago, we bought a parking space with my friend. He paid 40% of the amount and I paid 60%. We are reselling it today for 27,000 euros. The notary tells me that I will be the only one to be taxed on the capital gain which is realized (...)

... Is this normal? Yes. If in principle the capital gains made on the sale of real estate are taxed, there are exceptions, in particular when the sale price is less than 15,000 euros (art. 150 U, 6° CGI). If this property is held in joint ownership, this threshold is…
See more
My wife has just passed away. We owned our primary residence. As part of the inheritance tax declaration, am I obliged to apply the 20% deduction on the principal residence of the deceased? ?

Yes. The General Tax Code provides, for the calculation of inheritance tax, that buildings are valued according to their real market value on the date of death. But, with regard to the main residence of the deceased, article 764 bis of the CGI provides for the automatic application of a…
See more
As part of a process of medically assisted procreation, my partner and I must go to a notary to obtain our consent. Is this agreement subject to registration fees ?

No. Article 847 bis of the General Tax Code provides for an exemption from registration fees; in regard to the prior consent to be obtained by a notary (article 342-10 of the Civil Code). As an extension of the bioethics law of August 2, 2021, which extends medically assisted reproduction…
See more
I must register the statutory changes made to our commercial company following our last meeting. Which body is responsible for this?

Article L. 123-33.-A of the Commercial Code (resulting from the PACTE law) provides that a single digital body replaces the business formalities centers (CFE). Thus, since January 1, 2023, all business formalities (registrations, modifications and cancellations) must be carried out only online via the website of the National Institute of…
See more