My spouse and I own our house which we plan to sell. Since my spouse has been in a nursing home (EHPAD) for a year, will the notary still consider this the sale of his primary residence so that he is exempt from capital gains tax?

Yes, but under certain conditions. Your spouse can benefit from this exemption if the signing of the authentic sale deed occurs within two years of his entry into the nursing home (Article 150 U, II, 1°ter CGI and BOI-RFPI-PVI-10-40-20 §80 and 90). Other conditions must also be met (income cap…
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In 2021, I started a sole proprietorship and registered with the RCS. Several years ago, my parents gave me the bare ownership of a property. Can I include it in the declaration of unseizability?

Yes. Reminder: In the context of their professional activity, a sole proprietor risks their personal assets if the business incurs debts. As an exception, the law provides a mechanism to protect the primary residence by making it automatically unseizable (Article L526-1, paragraph 1 of the Commercial Code). You can also…
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My spouse passed away. I am the beneficiary of a spousal donation which states that if I choose to be the usufructuary, I am exempt from making an inventory and an appraisal of the property. However, my stepchildren are demanding these...

..do they have the right? Yes. The law is clear: Article 1094-3 of the Civil Code states that " Children or descendants may, notwithstanding any stipulation to the contrary by the donor, require that an inventory of movable property and an appraisal of immovable property subject to usufruct be made
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There is a tenant in our condominium occupying a commercial unit who is causing numerous nuisances. I want to amend the condominium rules to change the purpose of this unit to professional use. What majority is required to pass this resolution?

When it comes to modifying the use of private areas belonging to a co-owner or the terms of their enjoyment (for example, transforming a commercial space into a professional space), the law requires unanimity (Article 26 of the law of July 10, 1965).
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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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I have just learned that my father is very indebted. To protect myself, can I already renounce his inheritance before his death?

No. Articles 720 and 722 of the Civil Code state that "inheritances open upon the death of the deceased" and that "all agreements aimed at creating rights or renouncing rights to all or part of an unopened inheritance or any of its assets only take effect if authorized by law."…
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I wish to purchase a property in joint ownership with my father. I will buy the bare ownership, and he will buy the usufruct. However, my father proposes to pay the entire price. Is he allowed to do so?

No. If you are buying the bare ownership, you must pay for it. Therefore, if you do not have the finances, two separate operations are necessary. First, your father must make a monetary gift to you. Then, you can use the gifted money to purchase the bare ownership.
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My aunt is widowed and has no children. I heard she might be under guardianship. How can I verify this?

If your aunt has been placed under a protective measure by a court judgment (guardianship or curatorship), it is noted on her birth certificate (Article 444 of the Civil Code). You can request a copy of her birth certificate from the town hall of the municipality where she was born.
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I have a life estate on a property that belonged to my late husband. The property benefits from an easement of passage on the adjoining land. My neighbour is preventing me from using it, arguing that I am only a life tenant. Is he right?

No. The law states that the usufructuary can enjoy “rights of servitude, of passage, like the owner himself.” You should remind your neighbour of Article 597 of the Civil Code.
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I am a tenant, and my landlord is a SCI (real estate investment company). Can the partners give me notice to move out in order to house a relative?

Yes. According to Article 15 of the law of July 6, 1989, the landlord can give you notice at the end of the lease with proper notice and justification, particularly for the purpose of housing a close relative (such as descendants, ascendants, or a PACS (civil union) partner. Article 13…
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