Frequently asked questions about Le rôle du notaire

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I jointly own a property with my sister following our mother’s death. If we want to draw up a co-ownership agreement, do we need to go to a notary?

Yes. Any co-ownership agreement governing the management arrangements for jointly owned real property must be executed as a notarised deed. Indeed, to make it enforceable against third parties, the agreement is subject to land registration formalities (French Civil Code, Arts. 815-1, 1873-2 and 710-1, para. 1).
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My spouse and I are German nationals. We are going to buy a house in France from a couple where the husband is also German. The preliminary sale agreement was written in German. The notary tells us it is not possible for the authentic sale ...

....deed to be in German. Is this correct? Yes. While it is possible to draft a private agreement in a foreign language under certain conditions, documents prepared by a notary must be written in French.
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My father has just passed away. He had very little wealth. Am I required to have an act of notoriety to unlock my bank assets?

Everything will depend on the total amount of the deceased's financial assets. To be able to obtain the payment of the funds, you must provide the bank with an affidavit drawn up by a notary if the amount is greater than 5000 euros. On the other hand, if the amount…
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My future spouse and I have an appointment with the notary to sign our marriage contract. Unfortunately, I have just learned that I will not be able to attend due to professional obligations. Is it possible to appoint someone by proxy?

Yes, but under specific conditions. In principle, both spouses must be present before the notary to sign the marriage contract (Article 1394 of the French Civil Code). However, case law allows a spouse to be represented by a third party. The representative must hold a special authentic power of attorney…
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What notarial acts need to be postponed due to containment?

Acts which do not present any degree of urgency must be postponed. Mentioning a typology of acts here is difficult. The profession is working to establish all the documents, in particular through the means of a remote appearance via Visio conference. Only proven emergency situations could be of a nature…
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