Real estate notary: renting, buying, selling real estate

Updated on Friday 13 March 2026

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Buying and selling : the various stages

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A question ? Need help ?

My spouse passed away. I am the beneficiary of a spousal donation which states that if I choose to be the usufructuary, I am exempt from making an inventory and an appraisal of the property. However, my stepchildren are demanding these...

..do they have the right? Yes. The law is clear: Article 1094-3 of the Civil Code states that " Children or descendants may, notwithstanding any stipulation to the contrary by the donor, require that an inventory of movable property and an appraisal of immovable property subject to usufruct be made
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My spouse and I have divorced. During our marriage, we bought a house that we wish to keep. Are we required to establish a co-ownership agreement ?

No. Regardless of the origin of the co-ownership (whether from an inheritance or a divorce, for example), a co-ownership agreement is always optional. However, since decisions must generally be made unanimously by all co-owners, which can be a source of difficulties, the agreement allows you to organize in advance the…
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I am taking out a loan, and the bank requires a mortgage to be registered on my property. For cost reasons I would like the bank to handle the formalities. My notary says this is impossible. Is that true?

Yes. For a mortgage to be valid it must be executed by notarial deed (Civil Code, Article 2409). The notary handles registration and publication with the land registry service. The mortgage then becomes enforceable against third parties. The notary must practice in France if the property is located in France…
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My landlord has given me notice to vacate the property for sale and wishes to conduct viewings of the property I currently occupy throughout the entire day. Is he entitled to do so?

No. Article 4 of Law No. 89-462 of 6 July 1989 provides that the landlord may arrange viewings of the rented property for the purpose of its sale for up to two hours per working day, excluding public holidays.
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I am simultaneously selling my principal residence and a garden as building land. Am I exempt from capital gains tax on the entire transaction?

No. The law provides that “where land constituting a dependency of the principal residence is sold as building land, the exemption [from capital gains tax] does not apply” (BOI-RFPI-PVI-10-40-10, § 340). Reminder: Capital gains tax is calculated on the difference between the acquisition price and the sale price of real…
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