My partner to whom I was not married has passed away. He had entered into a mandate for future protection and appointed our daughter as mandatary. This convention has never been implemented. Can my daughter invoke it to settle the estate on her own?

No. The purpose of the mandate for future protection is to allow a designated person (the mandatary) to represent the mandator who could no longer provide for his interests alone (article 477 of the Civil Code). This mandate ends on the death of the principal, whether it has been implemented…
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French property market report NO.58 / January 2023

French property market report 58 - january 2023
06 February 2023

The cumulative volume of transactions for older homes over the last twelve months in France (excluding Mayotte) reached 1,116,000 transactions at the

  • Real estate
My father is single, and we are 4 children. I want to buy a piece of land to give it to the latter. However, I do not wish to be in joint ownership with my brothers and sisters upon his death. I heard about the conventional return clause. What is it about

The return clause inserted in the deed of gift allows the donor to recover ownership of the donated property, either in the event that the beneficiary of the donation dies before him, or in the event of the predecease of the beneficiary and his descendants (art. 951 Civil Code). It…
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Following an argument with my daughter about the choice of her studies, I want to cancel the donation I gave her 5 years ago. Is it possible?

No . Indeed, when you donate, it is irrevocable. The donated property enters the patrimony of the donee (the one who receives the property) and you cannot recover it. However, there are legal exceptions to this irrevocability (article 953 of the Civil Code): when the donee has not fulfilled the…
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I have drafted my will, can I keep it at home?

Yes . You can keep your holographic will at home. But by doing so, you take the risk that it will not be discovered when you die or that one of your relatives will make it disappear. As a precaution, you can give it to a notary and ask them…
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I am interested in buying a house in the countryside that seems abandoned. How to find the current owner?

If you do not obtain this information from the neighbors or the town hall of the property’s location, you can find the name of the owner by contacting the Land Registry Service of the department where the property is located. ( https://www.servicepublic.fr/particuliers/vosdroits/F17759 ). You will have to provide the cadastral…
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We want to buy a property with my partner and his/her grandmother. My partner and I would acquire the bare ownership of the property and the latter’s grandmother the usufruct. In order to determine the rights of each on the propety(...)

... are we bound by the tax scale of article 669 of the general tax code ? No. The purpose of this scale is to determine the respective values of usufruct and bare ownership for the calculation of the duties due in regard to the tax authorities. It does not…
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To acquire our future property, my friend and I must take out a mortgage. The deadline for the fulfillment of the suspensive condition is approaching and for the time being, we have only obtained an agreement in principle from our banker(...)

... Can we consider that our loan has been granted ? No. As the legislator did not define the concept of obtaining a loan, the Court of Appeal specified that it corresponds to "the presentation by a credit agency of a firm and unreserved regular offer corresponds to the characteristics…
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I am buying a property which is worth 15,000 euros. The signing of the final agreement takes place next week. I sent a check to the notary corresponding to the sale price and the purchase costs, but they told me that I have to make a bank transfer (...)

... Is that right? Yes . When the notary receives or makes a payment on behalf of the parties for a deed that it draws up in the authentic form and publishes in the real estate file, this payment must be made via a transfer (art. L.112-6-1 Monetary and Financial…
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Six years ago, we bought a parking space with my friend. He paid 40% of the amount and I paid 60%. We are reselling it today for 27,000 euros. The notary tells me that I will be the only one to be taxed on the capital gain which is realized (...)

... Is this normal? Yes . If in principle the capital gains made on the sale of real estate are taxed, there are exceptions, in particular when the sale price is less than 15,000 euros (art. 150 U, 6° CGI). If this property is held in joint ownership, this threshold…
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