Frequently Asked Questions

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…

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…

No. Gifts are, in principle, irrevocable (Article 894 of the Civil Code). However, certain legal exceptions exist. For instance, a gift may be revoked in cases of ingratitude (Articles 953 and 955 of the Civil Code).

Yes. You must notify your tenant of the sale (Article 145-46-1 of the Commercial Code). While sales to a spouse, ascendant, or descendant are exempt from pre-emption rights, this exception does not apply to real estate companies (SCI), even if composed of the same individuals.

No. The operation would consist of giving each an undivided share of the property. However, the situation of joint ownership is incompatible with the donation-partage which requires that the donor distributes his property between the beneficiaries (art. 1075 C. civ. and Cass. Civ. 1e, 20 Nov. 2013, n°12-25.681).