| Notaires de France

No, unless expressly requested. The law provides no time limit for the surviving spouse to choose between the available inheritance options (in the presence of joint children: ¼ full ownership or full usufruct). However, an heir may ask the surviving spouse in writing to exercise their option. If the spouse…

When the deceased leaves a specific legacy (a legatee receiving precisely designated items) and has children (forced heirs), the legatee must request delivery of the legacy from them (Art. 1014 Civil Code) to take possession of the inheritance.

It depends. You are exempt from filing an inheritance declaration if the gross estate assets (i.e., all your late husband’s assets without deducting debts) are valued at less than €50,000 and if he did not make any unregistered gifts to you (Art. 800 Tax Code).

In the case of an exchange, the notary’s fees are calculated based on the asset with the highest value. In this case, your apartment (Art. A444-117 Commercial Code).

No. Article 23, paragraph 2, of Law No. 65-557 of 10 July 1965 provides that “in the case of joint ownership, the co-owners must be represented by a common representative.” You must therefore choose who will attend the meeting. If no agreement is reached, the president of the judicial court…

Yes. Since the law of 23 March 2019, a protected adult (under guardianship, curatorship, etc.) no longer needs to obtain a judge’s authorization to marry. Only the curator or guardian must be informed of the intended marriage (Art. 460 Civil Code). However, the guardian may request the judge’s authorization to…

Yes. The law provides that when the seller has not sold their property within three years following the municipality’s decision not to exercise its pre-emption right, the municipality regains this right (Art. L213-8, paragraphe 2, Urban Planning Code).

Yes… but. The new allocation of parking spaces should have been formalised through an amendment to the descriptive statement of division, which must normally be registered with the Land Registry (Law No. 65-557 of 10 July 1965, Article 13). If it was not registered, this amendment is enforceable against you…

The divorce takes effect on the date of the divorce petition when it is granted on the grounds of mutual acceptance of the principle of marital breakdown, permanent impairment of the marital bond, or fault (Article 262-1, paragraph 3 of the French Civil Code). Any asset acquired after that date…

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…

Is there a deadline for my mother to make known her choice regarding the inheritance of my father (her husband)?

I am the legatee of a sum of money in the estate of a friend. I have been waiting eight months for the payment. The notary says he must wait for the children’s approval. Why?

My husband has just passed away. Must I file a declaration of inheritance even though I am exempt from inheritance tax?

I am exchanging apartments with my neighbor, who owns a studio. The studio is worth less than my apartment. How are the notary fees calculated?

I own an undivided share of a co-owned apartment. Do all co-owners of the undivided share have the right to attend the general meeting of the co-ownership?

I am under guardianship and wish to get married. My guardian says he will have a marriage contract drawn up by a notary, even though I do not want one. Can he do that?

In 2018, the municipality chose not to exercise its right of pre-emption during the sale of my property. Today, after my buyer withdrew, I am putting my property back on the market. Does the urban pre-emption right apply again?

I purchased an apartment a year ago. Before my purchase, the co-owners allocated common parking spaces among themselves, but the deeds were not registered. Are these decisions enforceable against me?

I have been divorced for one month (on the grounds of my ex-husband’s fault) and I am awaiting the liquidation of the community property. I want to buy a car because I have found a new job far from my home. Will the car belong to me entirely?

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?