Frequently asked questions about Immobilier

No. Pursuant to Article 764 of the French Civil Code, the surviving spouse may request a lifetime right of use and habitation (droit d’usage et d’habitation viager) over the property that was effectively used as the couple’s main residence at the time of death.

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 co-tenancy rights granted to spouses under Article 1751 of the French Civil Code apply only to leases for premises used exclusively as a family residence. Since the property is used for both residential and professional purposes (mixed use), your spouse will not automatically become a co-holder of the…

The lease continues with the heirs (Article 724 of the Civil Code). If they want to sell the property unoccupied, they must give notice within the timeframes set by Article 15 of Law No. 89-462 of 6 July 1989. Otherwise, the property can be sold with the tenant in place.

In such a case, the notary’s fees for drafting the deed of exchange will be calculated on the higher value of the two apartments (Article A.444-117 of the French Commercial Code).