Frequently asked questions about Immobilier

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I am currently undergoing a divorce by mutual consent. My husband and I did not enter into a prenuptial agreement. I have fallen in love with a property. Can I sign a preliminary sale agreement on my own?

Yes. You may sign a preliminary sale agreement on your own; however, the property will be considered joint property if the purchase is completed before the effective date of the divorce, which is the date on which the divorce agreement is filed with a notary. Unless the spouses have agreed…
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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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In the context of a life annuity (viager) sale, who is responsible for paying the various charges on the property?

The law is silent on this matter. Therefore, it is advisable to specify the allocation of charges in the sale agreement. For example, if the life annuity is occupied, it may be agreed that the annuitant (i.e., the seller) will bear all the charges related to the property (such as…
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I have signed a professional lease with an association. At the end of the lease, I want to sell the property. Does the tenant have a right of pre-emption?

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…
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