The notary’s fees are calculated based on the full ownership value of the property, even if you retain the usufruct. This is provided for under Article A444-67 of the French Commercial Code.
Yes. Article 368-1 of the French Civil Code provides that the estate of a person who was adopted under a simple adoption is divided into two parts: one half goes to the biological family, and the other half to the adoptive family (Article 738-1 of the Civil Code).
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.
Reminder: All assets acquired during the marriage are presumed to be jointly owned (Article 1401 of the French Civil Code). To ensure that the new apartment remains your separate property, you must ask your notary to include a reinvestment clause (clause de remploi) in the deed of sale (Article 1434…
Yes. Either your friend sells you an undivided share of the property. In that case, you will hold ownership rights over the entire parcel jointly with your friend, and will be subject to the rules governing joint ownership (indivision) as set out in Articles 815 et seq. of the French…
Please note that your lease continues to be valid until a formal notice of termination is issued by the heirs, in accordance with the procedures set out in Article 15 of the Law of 6 July 1989. You may send a registered letter with acknowledgment of receipt to your landlord’s…
In principle, yes. The French Civil Code provides that, in the absence of descendants, assets received by a person from their parents by way of donation or inheritance, and still present in kind in their estate, are devolved half to the surviving spouse and half to the siblings (Article 757-3…
Reminder: The reduction indemnity is a sum owed to the reserved heirs by a beneficiary (donee or legatee) who receives assets exceeding their share of the estate. It is calculated during the liquidation of the estate and is generally payable at the time of the division, unless otherwise agreed. Solution…
Yes, provided that a legal heir (as defined by law) accepts the succession. In that case, you may exercise the right of cantonnement, which allows a legatee to limit their acceptance to part of the assets bequeathed. This is permitted under Article 1002-1 of the French Civil Code.