Frequently asked questions about Immobilier

A question ? Need help ?

I am married. Can I buy property alone?

Yes. Ownership depends on your matrimonial regime. Under separation of property, you are sole owner; under community property it is generally joint unless funded with personal assets (Civil Code, Articles 1421 and 1424).
See more
I was the bare owner of a house, the usufructuary has just passed away. Does my notary have to take steps with the land registration service?

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…
See more
My husband and I bought a plot of land and built our second home ourselves. We now want to sell it. For the purpose of calculating the capital gain, which acquisition date should be used? Can the cost of materials be included?

The holding period for calculating real estate capital gains tax starts from the date of the deed of acquisition of the land, not the completion date of the construction works (BOI-RFPI-PVI-20-20). The acquisition price may be increased by construction expenses for their actual amount, provided the works were carried out…
See more
The catering company of which I am the manager holds a commercial lease. The contract includes a rent indexation clause with the reference index being the 3rd quarter of the ILC (commercial rent index). Is it true that this year, the indexation (...)

...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…
See more
My tenant passed away. I learned from his neighbors that he had been accommodating his brother for two years. Can I still get my property back?

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…
See more

Can't find your question ?

Ask a question to a jurist of Notaires Infos

Notaires-infos

Tél. : 0.892.011.012
(0,80 cts / min.)

Poser une question