I acquired a studio 3 years ago. It was my first purchase, and I was therefore able to benefit from a zero-interest loan. I want to resell it to buy a bigger apartment. Is it possible to use my 0% loan for the acquisition of my new property?

Yes. Theoretically speaking, the accommodation acquired with a 0% loan must remain the main residence of the borrower during the six years following the date of payment of the loan (art. L.31-10-6, al. 1 CCH). It therefore cannot be sold. However, the borrower can transfer the outstanding capital, for the…
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My uncle of French nationality lives abroad. He wants to help me finance the acquisition of my home by giving me money. Do I have to declare this operation in France ?

Yes. When the beneficiary of a donation is domiciled in France on the day of the donation or has had his tax residence in France for at least six years during the last ten years preceding the donation, all the assets he receives located in France or outside France are…
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My father is facing financial difficulties and wants to sell his apartment. He is the debtor of co-ownership charges. Can he still sell his property?

Yes. While selling a lot of co-ownership, the seller must present to the notary a certificate from the property administrator, which is dated less than a month, attesting that he is free of any obligation with regard to the unions. Otherwise, the notary must notify the trustee that the co-owner…
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My aunt passed away. I am the only heir. I found out that she had a lot of debt and I want to renounce her estate. I am a foreign resident. Do I have to return to France to proceed with the waiver?

No. To be enforceable against third parties, the renunciation of an inheritance must be formalized with the judicial court of the last domicile of the deceased, by filing or sending a simple letter which is duly completed, Cerfa 15828*05 form. One must also attach a full copy of the death…
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My partner is of foreign nationality. We plan to get married. Will our union allow him/her to immediately acquire French nationality?

No. Marriage does not automatically have any effect on the nationality (art. 21-1 C. civ.). When a foreign person marries a French person and wishes to obtain the French nationality, they must apply for it by filing a declaration of French nationality via marriage with the dedicated access platform of…
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National Forum of Associations and Foundations

20 October 2022

At the Forum National des Associations & Fondations, the notaries of France led a conference with France Générosités on "The association, universal

My father has passed away. He was the sole owner of a house where he lived with his wife. In his holographic will, he deprived her of her legal rights to the estate and gave her the usufruct of his movable property. Can she continue to live in the house?

Yes. Article 764 of the Civil Code provides for the benefit of the surviving spouse a right of habitation to the accommodation which he occupied as his principal residence at the time of death, and a right of use to the furniture within the latter. It can only be deprived…
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My spouse benefited from his partner's mutual insurance contract. The rupture of their Civil union was registered in Sept. , the mention on the birth certificates was made then. In the meantime, he'd an accident. Does he still benefit from the contract?

Yes. The termination of the Civil union only becomes opposable to third parties, here to the mutual insurance company, from the day when the publicity formalities have been completed, which means, from the mention made by the state civil officer on the birth certificates of the partners (art. 515-7, al.8…
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I want to sell my business premises. I informed my tenant and offered to buy it. He replied to me 4 months ago telling me he wanted to exercise his right of first refusal. I haven't heard from him since Am I still bound by his acceptance?

No. When the owner of premises for commercial use has notified the tenant of his intention to sell this property, this notification constitutes an offer to sell to the benefit of the tenant. If he accepts it, he has a period of two months to complete the sale, from the…
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