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... and calculate the capital gain for which I am liable? No. The INSEE converter is a tool that makes it possible to determine the equivalence between two currencies. It takes into account the currency depreciation due to inflation. Nevertheless, to the extent that this tool works on the basis…
Pursuant to Article L.412-6 of the Code of Civil Enforcement Procedures (CPCE), the winter truce which suspends any execution of an eviction extends from November 1 to March 31 of the following year in Metropolitan France. But in Guyana, Guadeloupe, Martinique, Reunion Islands and Mayotte, the period of suspension of…
As the sole heir to the estate of a 4th degree relative, I'm looking to reduce the amount of inheritance tax (between 55% and 60% min.) and then avoid a capital gain on the property. Once the inheritance tax has been paid on the estimated value of the property, should…
No. Professional leases are governed by article 57 A of law no. 86-1290 of December 23, 1986, which does not give the lessee any right of pre-emption. This means that you are not obliged to offer him the sale of your property as a priority. You should, however, check that…
... 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)…
The capital gain carried out on the sale of a property is equal to the difference between the sale price and the acquisition price. When the property was received following a death, the acquisition price corresponds to the value retained in the declaration of succession (art. 150 VB, I, CGI).
...on the capital gain which was carried out during the first transfer of a dwelling other than the main residence? Yes. When a person sells real estate which is not their main residence, it is possible to request exemption from the capital gain that has been realized, subject to meeting…
I own a property that interests a friend. Can I sell him half of the property and have both of us own it jointly? If so (we want to own 50% each), can I ask him to pay me half the estimated value of the property?
...on the capital gain which was carried out during the first transfer of a dwelling other than the main residence? Yes. When a person sells real estate which is not their main residence, it is possible to request exemption from the capital gain that has been realized, subject to meeting…
... 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…
[...] The date has passed, the acte authentique has still not been signed and the seller is refusing to sign. What can I do? This depends on the terms of your sales of agreement, but in principle, failure to meet the deadline does not result in the sale lapsing ("disappearing")…
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).
The capital gain carried out on the sale of a property is equal to the difference between the sale price and the acquisition price. When the property was received following a death, the acquisition price corresponds to the value retained in the declaration of succession (art. 150 VB, I, CGI).
No. The right of pre-emption provided for by article 15, II of law 89-462 dated July 6, 1989 constitutes a right of acquisition priority, for the benefit of the tenant who is in place. If you exercise this right, the real estate agent does not provide any intermediary service between…
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No. To benefit from the capital gains exemption when selling a home other than your principal residence, you must : the seller must not have owned his or her principal residence, directly or through an intermediary, during the four years preceding the sale; the seller must undertake to use the…
No. When a condominium is held by undivided co-owners, the indivision as a whole is represented by a joint agent chosen by the undivided co-owners. In the case of a disagreement, the representative is appointed by the president of the court to which the matter has been referred either by…
Yes. In principle, nothing prevents you from enclosing the building, unless otherwise stipulated in the easement deed. If this is not the case, article 701 of the French Civil Code prohibits the owner of the servient land from "diminishing its use or making it more inconvenient". So, if you decide…
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…
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).
Is this true? Yes. Article 15 of the French law of July 6, 1989, stipulates that "in the event that the owner decides to sell on terms or at a price more advantageous to the purchaser, the notary must, if the lessor has not previously done so, notify the tenant…
No. When a co-owner sells his lot within the co-ownership, the managing agents costs and fees relating to the services provided for the benefit of one of the co-owners are attributable to him. However, the costs and fees relating to the establishment of the dated statement may not exceed €380…
Yes but…. You cannot decide yourself to block the payment of rents. If no amicable solution has been found with your lessor, the consignment of rents (excluding charges) may be requested before the court, pending the settlement of the dispute. Once obtained, you must complete a file with the CDC
In principle, property tax is due by the owner on January 1 of the current year. As a result, in principle, you are liable for it. However, it is customary to specify in the deed of sale that the seller and buyer will share the burden of this tax on…
No, if the dismemberment of ownership results from the option exercised within the framework of your legal rights (article 757 of the Civil Code), you only declare the value of the usufruct. This value is determined according to the scale of article 669 of the General Tax Code, according to…
As the sole heir to the estate of a 4th degree relative, I'm looking to reduce the amount of inheritance tax (between 55% and 60% min.) and then avoid a capital gain on the property. Once the inheritance tax has been paid on the estimated value of the property, should…
Yes. Theoretically speaking, the accommodation acquired with a 0% loan must remain the main residence of the borrower during the six years following the date of payment of the loan (art. L.31-10-6, al. 1 CCH). It therefore cannot be sold. However, the borrower can transfer the outstanding capital, for the…
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…
The deed to my father's house is at least 35 years old. My father's state of health prevents him from looking after his own affairs, which has led the public prosecutor to place him under guardianship. His condition requires that he be placed in a specialized institution. As the cost…
No. To benefit from the capital gains exemption when selling a home other than your principal residence, you must : the seller must not have owned his or her principal residence, directly or through an intermediary, during the four years preceding the sale; the seller must undertake to use the…
Yes. While selling a lot of co-ownership, the seller must present to the notary a certificate from the property administrator, which is dated less than a month, attesting that he is free of any obligation with regard to the unions. Otherwise, the notary must notify the trustee that the co-owner…
No. When a co-owner sells his lot within the co-ownership, the managing agents costs and fees relating to the services provided for the benefit of one of the co-owners are attributable to him. However, the costs and fees relating to the establishment of the dated statement may not exceed €380…
Yes, but only under certain conditions. When a specific event, of a professional or family nature, justifies your taking over the rented premises, you can enter into a lease for a period of less than 3 years but at least 1 year (art. 11, al. 1 law n°89-462 of July…
No. The redemption of undivided shares between undivided co-owners constitutes a partition and is therefore not covered by this obligation.
My husband owned an apartment that he rented out. Since his death I have benefited from the usufruct of this property and my son has the bare ownership. The tenant has informed me that my son has given the latter leave to take over for the benefit of his wife's…
It depends. In accordance with article 8, para. 1 of Law No. 65-557 of July 10, 1965, the co-ownership regulations determine the destination of the private and common sections, as well as the conditions of their enjoyment. Each co-owner can freely enjoy his private partitions, subject to not infringing the…
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…
... 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…
No. The signing of a deed of sale is very often preceded by a pre-contract, either a synallagmatic promise (also known as an agreement) or a unilateral promise to sell.
I've been living with my partner for 5 years, he's a resident of Monaco and I live in Nice. We're not married but we're thinking about it. He wants to protect me financially by opening an SCI in both our names. Will I really be protected, given that we each…
Yes, under certain conditions. It is possible to benefit from an exemption from capital gains tax when the property sold constitutes the seller's principal residence on the day of sale (art. 150 U CGI). For tax purposes, this residence can only be a residential property. Legally, a barge is a…
Yes, in principle, if only some of the undivided co-owners wish to enter into a lease on an undivided property, they must hold at least two-thirds of the undivided rights in order to do so. However, this rule does not apply to leases on agricultural real estate (art. 815-3, 4°…
Yes but under certain conditions. To benefit from this exemption, you must hold a “mobility inclusion” card bearing the mention “disability”. In addition, for the penultimate year preceding the transfer, you must not be liable for real estate wealth tax and your reference tax income must not exceed the threshold…
Yes, you can claim late delivery penalties or damages from your developer, if the delay causes you prejudice (e.g., rental of a storage unit for your furniture, accommodation costs, etc.). However, your promoter may not be held liable if there is a legitimate reason (bad weather, late delivery of materials…
No. Article 12-1 of the French National Rules of Notaries prescribes that the notary must, as a rule, have the parties to the deed sign in his office. Exceptionally, he may have them sign at other specified locations, such as a hospital. Article L 221-2 7° of the French Consumer…
Maitre Peggy MONTESINOS, notary in Remiremont (Vosges), answers live on the show "NEUMANN/LECHYPRE" on RMC.
No. Article 1596 of the Civil Code provides that « the following cannot become purchasers, under penalty of nullity, either by themselves or through intermediaries: […] Agents, of the goods they are responsible for selling […] » Indeed, the agent cannot both represent the seller and acquire his property, under…
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…
Yes. Theoretically speaking, the accommodation acquired with a 0% loan must remain the main residence of the borrower during the six years following the date of payment of the loan (art. L.31-10-6, al. 1 CCH). It therefore cannot be sold. However, the borrower can transfer the outstanding capital, for the…
Pursuant to Article L.412-6 of the Code of Civil Enforcement Procedures (CPCE), the winter truce which suspends any execution of an eviction extends from November 1 to March 31 of the following year in Metropolitan France. But in Guyana, Guadeloupe, Martinique, Reunion Islands and Mayotte, the period of suspension of…
No. The date of the sale’s reiteration before the notary is not conditional on the tenant’s departure.
The notary has informed me that all the co-owners should have been summoned and taken part during the vote. is it true? Yes…but. Special common portions are those assigned to the use or usefulness of several co-owners and not as an entirety, unlike general common portions. Decisions relating to these…
...of the rent is exceptionally capped due to the economic context? Yes, but under certain conditions. Indeed, to cope with inflation and help SMEs, the law of 16 August 2022 on purchasing power includes various emergency measures, in particular the capping of the annual variation of the commercial rent index…
Yes. In order for the donation to be validly filed, in addition to the fact that it must be established by a notary, it is essential that the beneficiary accepts the latter (art. 932 C. civ.). When the beneficiary is an unemancipated minor, accepting a donation unencumbered by charges, which…
It depends. In accordance with article 8, para. 1 of Law No. 65-557 of July 10, 1965, the co-ownership regulations determine the destination of the private and common sections, as well as the conditions of their enjoyment. Each co-owner can freely enjoy his private partitions, subject to not infringing the…
[...] leading the judge to decide that the property should be sold by auction. Is there any way to prevent the property from being sold at auction? Yes, article 815-17 of the French Civil Code stipulates that when the personal creditors of an undivided co-owner initiate partition, "the co-owners may…
It depends on where your property is located. The diagnosis is legally mandatory for non-collective sanitation facilities (art. L.1311-11-1 Public Health Code). However, the municipalities can impose a control of the quality of the works necessary to bring the waste water to the public part of the connection and of…
Yes, in certain cases. When the sale involves most of the shares in a SCI that owns a property whose sale would itself be subject to the town's right of pre-emption, the town council can exercise this right (art. L.213-1, 3° C. urbanism). Good to know: this right of pre-emption…
No. The purpose of the real estate certificate of ownership, published at the land registry office, is to record the transfer of ownership following a death. However, article 29, last paragraph, of decree no. 55-22 of January 4, 1955, states that it is possible not to issue such a certificate…
Yes. Article 764 of the Civil Code provides for the benefit of the surviving spouse a right of habitation to the accommodation which he occupied as his principal residence at the time of death, and a right of use to the furniture within the latter. It can only be deprived…
No. The rates provided for in Article A.444-92 of the Commercial Code are only applicable to "the first sale in the future state of completion or completed of residential premises, apartments or individual houses", which have never been inhabited. Consequently, the occupation of the premises by the current owner no…
Yes. Article 815-14 of the French Civil Code establishes a right of priority for co-owners only in the event that one of them wishes to sell his or her rights to a third party. In your case, your brother is selling his share to another co-owner. Therefore, you have no…
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Yes. In accordance with the provisions of the last paragraph of Article L145-9 of the Commercial Code, a notice must be given by extrajudicial act, i.e., by the bailiff. Any leave issued in any other form is void. The nullity of the leave can only be raised by its recipient…
No. The rates provided for in Article A.444-92 of the Commercial Code are only applicable to "the first sale in the future state of completion or completed of residential premises, apartments or individual houses", which have never been inhabited. Consequently, the occupation of the premises by the current owner no…
English subtitles are available. To choose another subtitle language: At the bottom right on the player, click Settings. Click on Subtitles. Select a language.
Yes. In principle, nothing prevents you from enclosing the building, unless otherwise stipulated in the easement deed. If this is not the case, article 701 of the French Civil Code prohibits the owner of the servient land from "diminishing its use or making it more inconvenient". So, if you decide…
Do we also need to obtain the agreement of our mother-in-law, who has opted for usufruct in our father's estate? Yes, your mother-in-law (your father's surviving spouse) has a successive or contingent usufruct on the bare property you inherited from your father. Therefore, in the event of the sale of…
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…
...of the rent is exceptionally capped due to the economic context? Yes, but under certain conditions. Indeed, to cope with inflation and help SMEs, the law of 16 August 2022 on purchasing power includes various emergency measures, in particular the capping of the annual variation of the commercial rent index…
I've been living with my partner for 5 years, he's a resident of Monaco and I live in Nice. We're not married but we're thinking about it. He wants to protect me financially by opening an SCI in both our names. Will I really be protected, given that we each…
Yes. Article 815-14 of the French Civil Code establishes a right of priority for co-owners only in the event that one of them wishes to sell his or her rights to a third party. In your case, your brother is selling his share to another co-owner. Therefore, you have no…
No. The signing of a deed of sale is very often preceded by a pre-contract, either a synallagmatic promise (also known as an agreement) or a unilateral promise to sell.
Yes. Article 924-4 of the French Civil Code stipulates that heirs with reserved rights may bring an action for reduction or revendication against third parties holding real estate that was donated and subsequently disposed of by the recipient. In practical terms, if your father's gift encroaches on your brothers' and…
It depends. On the tenant’s death, the lease can be transferred to certain individuals expressly covered by the law (art. 14 law n°89-462 of July 6, 1989). Thus, if your tenant’s brother was dependent on the latter and lived with him for at least one year on the date of…
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Yes. When your bridging loan contract expires and you are unable to repay it, either you succeed in negotiating an extension of the repayment term with your bank, or the bank may demand repayment of the entire loan amount on the agreed date.
Yes, if the preliminary sales agreement you signed with your wife designates the two of you as inseparable purchasers, and you are married under the community of property regime, in accordance with the ruling of the French Supreme Court dated September 14, 2017 (N°16-17.856).
It depends on where your property is located. The diagnosis is legally mandatory for non-collective sanitation facilities (art. L.1311-11-1 Public Health Code). However, the municipalities can impose a control of the quality of the works necessary to bring the waste water to the public part of the connection and of…
Yes, under certain conditions. It is possible to benefit from an exemption from capital gains tax when the property sold constitutes the seller's principal residence on the day of sale (art. 150 U CGI). For tax purposes, this residence can only be a residential property. Legally, a barge is a…
No, the new owners cannot destroy these graves. When they are located on private property, they have a perpetual character and are outside the scope of the sale (Cass. civ., April 11, 1938). Purchasers are not only prohibited from destroying them, but must also allow you access to them. Only…
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. You're probably thinking of the tenant's right of pre-emption under a residential lease (provided for in article 15 of the law of July 6, 1989). In your case, you are not a tenant, as you occupy the property free of charge. The owner is therefore under no obligation to…
No. Professional leases are governed by article 57 A of law no. 86-1290 of December 23, 1986, which does not give the lessee any right of pre-emption. This means that you are not obliged to offer him the sale of your property as a priority. You should, however, check that…
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…
Do we also need to obtain the agreement of our mother-in-law, who has opted for usufruct in our father's estate? Yes, your mother-in-law (your father's surviving spouse) has a successive or contingent usufruct on the bare property you inherited from your father. Therefore, in the event of the sale of…
No. The purpose of the real estate certificate of ownership, published at the land registry office, is to record the transfer of ownership following a death. However, article 29, last paragraph, of decree no. 55-22 of January 4, 1955, states that it is possible not to issue such a certificate…
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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Could I stil benefit from the capital gains exemption on the sale of my main residence? Yes, but only on the part that constitutes your principal residence. For you to benefit from the capital gains tax exemption, the sale must relate to your principal residence (art. 150 U, II, 1°…
No, the new owners cannot destroy these graves. When they are located on private property, they have a perpetual character and are outside the scope of the sale (Cass. civ., April 11, 1938). Purchasers are not only prohibited from destroying them, but must also allow you access to them. Only…
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…
Yes. The notary responsible for drawing up the deed of sale must obtain the consent to the sale of all the joint owners. As regards the breakdown of the sale price by the notary, it is made in proportion to your respective joint rights. Note: if your sister decides to…
No. In the case mentioned, there is no legal obligation to advertise with the land advertisement service. The death of the usufructuary will simply be mentioned in the next deed of disposal subject to publication relating to this house (example: a sale), by the former bare owner who has become…
No, if the dismemberment of ownership results from the option exercised within the framework of your legal rights (article 757 of the Civil Code), you only declare the value of the usufruct. This value is determined according to the scale of article 669 of the General Tax Code, according to…
No. When the ownership of an asset is dismembered, i.e., divided between a bare owner and a usufructuary, in principle the judge cannot authorize the sale of the asset against the will of the usufructuary (art. 815 -5 C. civ.).
No. The right of pre-emption provided for by article 15, II of law 89-462 dated July 6, 1989 constitutes a right of acquisition priority, for the benefit of the tenant who is in place. If you exercise this right, the real estate agent does not provide any intermediary service between…
I put my property up for sale 2 years ago. The notary had sent a declaration of intent to alienate the municipality, which had then waived its right of pre-emption. The sale ultimately did not go through. I found a new buyer. Is it necessary to re-declare to the municipality…
No. Article 1596 of the Civil Code provides that « the following cannot become purchasers, under penalty of nullity, either by themselves or through intermediaries: […] Agents, of the goods they are responsible for selling […] » Indeed, the agent cannot both represent the seller and acquire his property, under…
Yes. When the spouses are married under the regime of the legal community, three patrimonies are to be distinguished: the patrimony specific to each spouse and the common patrimony. During couple life, financial movements often take place between the different assets. The mechanism of rewards is intended to restore the…
Yes. When the spouses are married under the regime of the legal community, three patrimonies are to be distinguished: the patrimony specific to each spouse and the common patrimony. During couple life, financial movements often take place between the different assets. The mechanism of rewards is intended to restore the…
Yes. While selling a lot of co-ownership, the seller must present to the notary a certificate from the property administrator, which is dated less than a month, attesting that he is free of any obligation with regard to the unions. Otherwise, the notary must notify the trustee that the co-owner…
Yes. If the inalienability clause has the effect of prohibiting you from selling or giving away the property you have received, it is always possible for your creditors to take out a mortgage registration on the property given (Civ. 1e, Oct. 9, 1985, n°84-13.306 concerning a judicial mortgage and Civ…
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. In order for the donation to be validly filed, in addition to the fact that it must be established by a notary, it is essential that the beneficiary accepts the latter (art. 932 C. civ.). When the beneficiary is an unemancipated minor, accepting a donation unencumbered by charges, which…
Yes, in principle, if only some of the undivided co-owners wish to enter into a lease on an undivided property, they must hold at least two-thirds of the undivided rights in order to do so. However, this rule does not apply to leases on agricultural real estate (art. 815-3, 4°…
Yes. In accordance with the provisions of the last paragraph of Article L145-9 of the Commercial Code, a notice must be given by extrajudicial act, i.e., by the bailiff. Any leave issued in any other form is void. The nullity of the leave can only be raised by its recipient…
The notary has informed me that all the co-owners should have been summoned and taken part during the vote. is it true? Yes…but. Special common portions are those assigned to the use or usefulness of several co-owners and not as an entirety, unlike general common portions. Decisions relating to these…
No. A landlord cannot himself recover the accommodation and get rid of the furniture of his deceased tenant. When there is no known heir and if the rental contract has ended, the owner must first obtain a court decision (article 1324 of the Code of Civil Procedure). The costs of…
I own a property that interests a friend. Can I sell him half of the property and have both of us own it jointly? If so (we want to own 50% each), can I ask him to pay me half the estimated value of the property?
...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…
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No. Article 12-1 of the French National Rules of Notaries prescribes that the notary must, as a rule, have the parties to the deed sign in his office. Exceptionally, he may have them sign at other specified locations, such as a hospital. Article L 221-2 7° of the French Consumer…
English subtitles are available. To choose another subtitle language: At the bottom right on the player, click Settings. Click on Subtitles. Select a language.
Yes but under certain conditions. To benefit from this exemption, you must hold a “mobility inclusion” card bearing the mention “disability”. In addition, for the penultimate year preceding the transfer, you must not be liable for real estate wealth tax and your reference tax income must not exceed the threshold…
Yes. If the inalienability clause has the effect of prohibiting you from selling or giving away the property you have received, it is always possible for your creditors to take out a mortgage registration on the property given (Civ. 1e, Oct. 9, 1985, n°84-13.306 concerning a judicial mortgage and Civ…
Yes. The notary responsible for drawing up the deed of sale must obtain the consent to the sale of all the joint owners. As regards the breakdown of the sale price by the notary, it is made in proportion to your respective joint rights. Note: if your sister decides to…
...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…
No. The date of the sale’s reiteration before the notary is not conditional on the tenant’s departure.
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…
In principle, property tax is due by the owner on January 1 of the current year. As a result, in principle, you are liable for it. However, it is customary to specify in the deed of sale that the seller and buyer will share the burden of this tax on…
English subtitles are available. To choose another subtitle language: At the bottom right on the player, click Settings. Click on Subtitles. Select a language.
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…
[...] leading the judge to decide that the property should be sold by auction. Is there any way to prevent the property from being sold at auction? Yes, article 815-17 of the French Civil Code stipulates that when the personal creditors of an undivided co-owner initiate partition, "the co-owners may…
Will the 3 partners be exempt from real estate capital gains? No. Capital gains realized on the sale of the main residence of the seller on the day of the sale are exempt (article 150 U, II-1° of the General Tax Code). When the property is held through a company…
...take over her lease. Is it possible? It depends. Indeed, on the death of the tenant, the rental contract can be transferred to the descendants who lived with him for at least one year on the date of death (art. 14 law n ° 89-462 of July 6, 1989), including…
Yes, you can claim late delivery penalties or damages from your developer, if the delay causes you prejudice (e.g., rental of a storage unit for your furniture, accommodation costs, etc.). However, your promoter may not be held liable if there is a legitimate reason (bad weather, late delivery of materials…
No. In the case mentioned, there is no legal obligation to advertise with the land advertisement service. The death of the usufructuary will simply be mentioned in the next deed of disposal subject to publication relating to this house (example: a sale), by the former bare owner who has become…
Yes. Article 924-4 of the French Civil Code stipulates that heirs with reserved rights may bring an action for reduction or revendication against third parties holding real estate that was donated and subsequently disposed of by the recipient. In practical terms, if your father's gift encroaches on your brothers' and…
No. The redemption of undivided shares between undivided co-owners constitutes a partition and is therefore not covered by this obligation.
Is this true? Yes. Article 15 of the French law of July 6, 1989, stipulates that "in the event that the owner decides to sell on terms or at a price more advantageous to the purchaser, the notary must, if the lessor has not previously done so, notify the tenant…
... 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…
No. The law does not impose a maximum age for selling a life annuity; on the other hand, this sale supposes a hazard, based on the lifespan of the seller. If it is shown that the purchaser, when signing the contract, could not ignore the high probability of the near…
Will the 3 partners be exempt from real estate capital gains? No. Capital gains realized on the sale of the main residence of the seller on the day of the sale are exempt (article 150 U, II-1° of the General Tax Code). When the property is held through a company…
It depends. On the tenant’s death, the lease can be transferred to certain individuals expressly covered by the law (art. 14 law n°89-462 of July 6, 1989). Thus, if your tenant’s brother was dependent on the latter and lived with him for at least one year on the date of…
[...] The date has passed, the acte authentique has still not been signed and the seller is refusing to sign. What can I do? This depends on the terms of your sales of agreement, but in principle, failure to meet the deadline does not result in the sale lapsing ("disappearing")…
No. The law does not impose a maximum age for selling a life annuity; on the other hand, this sale supposes a hazard, based on the lifespan of the seller. If it is shown that the purchaser, when signing the contract, could not ignore the high probability of the near…
...take over her lease. Is it possible? It depends. Indeed, on the death of the tenant, the rental contract can be transferred to the descendants who lived with him for at least one year on the date of death (art. 14 law n ° 89-462 of July 6, 1989), including…
Yes but…. You cannot decide yourself to block the payment of rents. If no amicable solution has been found with your lessor, the consignment of rents (excluding charges) may be requested before the court, pending the settlement of the dispute. Once obtained, you must complete a file with the CDC
Yes. The real estate capital gain corresponds to the difference between the resale price of the property and its acquisition price. To reduce this amount, it is possible to increase the acquisition price of a certain number of costs and expenses, which have been exhaustively listed in the General Tax…
Yes, if the preliminary sales agreement you signed with your wife designates the two of you as inseparable purchasers, and you are married under the community of property regime, in accordance with the ruling of the French Supreme Court dated September 14, 2017 (N°16-17.856).
... of the garden? Non. Les juges autorisent l’acquisition par un copropriétaire d’une partie commune par l'effet de sa possession lorsque toutes les conditions sont réunies, notamment le fait de se comporter comme le propriétaire du bien depuis au moins 30 ans (Cass. Civ.3e, 11 juill. 2019, n°18-17-771). En revanche…
... 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…
I put my property up for sale 2 years ago. The notary had sent a declaration of intent to alienate the municipality, which had then waived its right of pre-emption. The sale ultimately did not go through. I found a new buyer. Is it necessary to re-declare to the municipality…
No. A landlord cannot himself recover the accommodation and get rid of the furniture of his deceased tenant. When there is no known heir and if the rental contract has ended, the owner must first obtain a court decision (article 1324 of the Code of Civil Procedure). The costs of…
No. When the ownership of an asset is dismembered, i.e., divided between a bare owner and a usufructuary, in principle the judge cannot authorize the sale of the asset against the will of the usufructuary (art. 815 -5 C. civ.).
Could I stil benefit from the capital gains exemption on the sale of my main residence? Yes, but only on the part that constitutes your principal residence. For you to benefit from the capital gains tax exemption, the sale must relate to your principal residence (art. 150 U, II, 1°…
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…
My husband owned an apartment that he rented out. Since his death I have benefited from the usufruct of this property and my son has the bare ownership. The tenant has informed me that my son has given the latter leave to take over for the benefit of his wife's…
Yes, in certain cases. When the sale involves most of the shares in a SCI that owns a property whose sale would itself be subject to the town's right of pre-emption, the town council can exercise this right (art. L.213-1, 3° C. urbanism). Good to know: this right of pre-emption…
Maitre Peggy MONTESINOS, notary in Remiremont (Vosges), answers live on the show "NEUMANN/LECHYPRE" on RMC.
No. When a condominium is held by undivided co-owners, the indivision as a whole is represented by a joint agent chosen by the undivided co-owners. In the case of a disagreement, the representative is appointed by the president of the court to which the matter has been referred either by…
Yes. When your bridging loan contract expires and you are unable to repay it, either you succeed in negotiating an extension of the repayment term with your bank, or the bank may demand repayment of the entire loan amount on the agreed date.
... and calculate the capital gain for which I am liable? No. The INSEE converter is a tool that makes it possible to determine the equivalence between two currencies. It takes into account the currency depreciation due to inflation. Nevertheless, to the extent that this tool works on the basis…
No. You're probably thinking of the tenant's right of pre-emption under a residential lease (provided for in article 15 of the law of July 6, 1989). In your case, you are not a tenant, as you occupy the property free of charge. The owner is therefore under no obligation to…
Yes. Article 764 of the Civil Code provides for the benefit of the surviving spouse a right of habitation to the accommodation which he occupied as his principal residence at the time of death, and a right of use to the furniture within the latter. It can only be deprived…
... of the garden? Non. Les juges autorisent l’acquisition par un copropriétaire d’une partie commune par l'effet de sa possession lorsque toutes les conditions sont réunies, notamment le fait de se comporter comme le propriétaire du bien depuis au moins 30 ans (Cass. Civ.3e, 11 juill. 2019, n°18-17-771). En revanche…
The deed to my father's house is at least 35 years old. My father's state of health prevents him from looking after his own affairs, which has led the public prosecutor to place him under guardianship. His condition requires that he be placed in a specialized institution. As the cost…
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…
Yes. The real estate capital gain corresponds to the difference between the resale price of the property and its acquisition price. To reduce this amount, it is possible to increase the acquisition price of a certain number of costs and expenses, which have been exhaustively listed in the General Tax…
Yes, but only under certain conditions. When a specific event, of a professional or family nature, justifies your taking over the rented premises, you can enter into a lease for a period of less than 3 years but at least 1 year (art. 11, al. 1 law n°89-462 of July…
... 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)…