Real estate notary: renting, buying, selling real estate

Updated on Wednesday 13 December 2023

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I own a house inherited from my parents. Upon my death, I wish to bequeath it to one of my daughters, then have it passed on to my grandson upon her death, with the condition that he transfers it to his future child. Is this possible ?

Partially. By will, you can bequeath this house to your daughter with the condition that she keeps and transfers it to her son (Article 1051 of the Civil Code). However, the law does not allow you to impose this condition on your grandson (Article 1053 paragraph 1 of the Civil…
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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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Can a usufructuary compel the bare owner to undertake major repairs?

For reference: unless a different arrangement is specified, articles 605 and 606 of the Civil Code outline how responsibilities for repairs are divided between the bare owner and the usufructuary. Major repairs, such as those to the structural walls or entire roofs, fall to the bare owner, while the usufructuary…
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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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After their retirement, my parents moved to Portugal, where they bought a house. My father has passed away, and we need to appraise this residence for the inheritance declaration. How should we proceed ?

Generally, when the deceased owned real estate, the value to be considered for the inheritance declaration is the market value on the date of death (Article 761, paragraph 1 of the General Tax Code and BOI-ENR-DMTG-10-40-20 §20). This is the value that would be obtained if the property were sold…
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I was the bare owner of a house, the usufructuary has just passed away. Does my notary have to take steps with the land registration service?

No. In the case mentioned, there is no legal obligation to advertise with the land advertisement service. The death of the usufructuary will simply be mentioned in the next deed of disposal subject to publication relating to this house (example: a sale), by the former bare owner who has become…
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I own a barge on the Seine in which I live. I would like to sell it. Can I claim exemption from capital gains tax on the sale?

Yes, under certain conditions. It is possible to benefit from an exemption from capital gains tax when the property sold constitutes the seller's principal residence on the day of sale (art. 150 U CGI). For tax purposes, this residence can only be a residential property. Legally, a barge is a…
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I've just bought an apartment in Lyon following the transfer I obtained. I'm currently working in Bordeaux and will be staying there for a few more months. Can I rent out my property in Lyon until I move in?

Yes, but only under certain conditions. When a specific event, of a professional or family nature, justifies your taking over the rented premises, you can enter into a lease for a period of less than 3 years but at least 1 year (art. 11, al. 1 law n°89-462 of July…
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I have signed a contract for a property sale in the future state of completion (VEFA). The delivery is scheduled after my marriage. Will this real estate become part of the marital community?

No. According to Article 1601-3 of the Civil Code, the land ownership is transferred to the buyer the moment the future state completion sales contract is signed. Therefore, the property is considered your personal asset. However, any payments for future constructions paid after your marriage are assumed to be communal…
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The catering company of which I am the manager holds a commercial lease. The contract includes a rent indexation clause with the reference index being the 3rd quarter of the ILC (commercial rent index). Is it true that this year, the indexation (...)

...of the rent is exceptionally capped due to the economic context? Yes, but under certain conditions. Indeed, to cope with inflation and help SMEs, the law of 16 August 2022 on purchasing power includes various emergency measures, in particular the capping of the annual variation of the commercial rent index…
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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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I found out that all the heirs of my tenant who died 6 months ago have decided to renounce his estate. The apartment is still furnished with furniture from my former tenant. Can I get rid of it?

No. A landlord cannot himself recover the accommodation and get rid of the furniture of his deceased tenant. When there is no known heir and if the rental contract has ended, the owner must first obtain a court decision (article 1324 of the Code of Civil Procedure). The costs of…
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I am 85 years old. Is there an age limit for selling a life annuity?

No . The law does not impose a maximum age for selling a life annuity; on the other hand, this sale supposes a hazard, based on the lifespan of the seller. If it is shown that the purchaser, when signing the contract, could not ignore the high probability of the…
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Following unpaid rent, I obtained the judicial termination of the lease and an eviction judgment. The accommodation is in Martinique. Can the tenant benefit from the "winter break" from November 1st?

Pursuant to Article L.412-6 of the Code of Civil Enforcement Procedures (CPCE), the winter truce which suspends any execution of an eviction extends from November 1 to March 31 of the following year in Metropolitan France. But in Guyana, Guadeloupe, Martinique, Reunion Islands and Mayotte, the period of suspension of…
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I wish to rent a parking space. The agency indicates that in case of termination, I must give three months' notice. If I am transferred for work, can I claim a reduction of this period?

No. The rental of a parking space does not fall under the provisions of Article 15 of the July 6, 1989, law on residential leases. You must therefore respect the three-month period provided in your lease unless it includes a clause for reducing notice in the event of a job…
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I own a small house in the countryside in addition to my apartment in the city. Can I give it to my minor grandchild?

Yes. In order for the donation to be validly filed, in addition to the fact that it must be established by a notary, it is essential that the beneficiary accepts the latter (art. 932 C. civ.). When the beneficiary is an unemancipated minor, accepting a donation unencumbered by charges, which…
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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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I am in joint possession with my sister on a house. We signed a sales agreement with a buyer. My sister wants me to collect the full price. Is she still required to come and sign the deed of sale?

Yes. The notary responsible for drawing up the deed of sale must obtain the consent to the sale of all the joint owners. As regards the breakdown of the sale price by the notary, it is made in proportion to your respective joint rights. Note : if your sister decides…
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My wife and I signed a preliminary sales agreement 5 days ago. I want to withdraw but my wife refuses. Does my withdrawal imply that of my wife?

Yes, if the preliminary sales agreement you signed with your wife designates the two of you as inseparable purchasers, and you are married under the community of property regime, in accordance with the ruling of the French Supreme Court dated September 14, 2017 (N°16-17.856).
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Creating an SCI to protect the surviving spouse: a good or bad idea?

I've been living with my partner for 5 years, he's a resident of Monaco and I live in Nice. We're not married but we're thinking about it. He wants to protect me financially by opening an SCI in both our names. Will I really be protected, given that we each…
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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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With my spouse we have a plot of 1000m2 where we built our house, then proceeded to divide the plot. We just want to sell the unbuilt part. The value of land to be used to calculate the real estate capital gain, zero?

No. If the sale concerns part of the land, the capital gain is determined by taking into account the fraction of the acquisition price relating to this part alone. The same applies to charges and indemnities increasing this price (BOI-RFPI-PVI-20-10-20 §130).
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Creating an SCI to protect the surviving spouse: a good or bad idea?

I've been living with my partner for 5 years, he's a resident of Monaco and I live in Nice. We're not married but we're thinking about it. He wants to protect me financially by opening an SCI in both our names. Will I really be protected, given that we each…
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My tenant passed away. I learned from his neighbors that he had been accommodating his brother for two years. Can I still get my property back?

It depends. On the tenant’s death, the lease can be transferred to certain individuals expressly covered by the law (art. 14 law n°89-462 of July 6, 1989). Thus, if your tenant’s brother was dependent on the latter and lived with him for at least one year on the date of…
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We are 3 brothers and sisters who own an undivided piece of farmland. My sister and I want to rent it out, but my brother is against it. Do we all need to agree?

Yes, in principle, if only some of the undivided co-owners wish to enter into a lease on an undivided property, they must hold at least two-thirds of the undivided rights in order to do so. However, this rule does not apply to leases on agricultural real estate (art. 815-3, 4°…
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Following the death of our grandfather, my brother and cousins and I have joint ownership of a house. My brother wants to sell his share to one of the cousins without offering it to me first. Does he have the right to do so?

Yes. Article 815-14 of the French Civil Code establishes a right of priority for co-owners only in the event that one of them wishes to sell his or her rights to a third party. In your case, your brother is selling his share to another co-owner. Therefore, you have no…
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I am selling my house. My notary sent the declaration of intent to alienate (DIA) to the town hall. If the latter decides to exercise its right of pre-emption, does it have to acquire the property at the price initially fixed?

No. A municipality can very well decide to pre-empt a property offered for sale at a selling price lower than that desired by the seller. The latter must send the owner its proposal by registered letter with acknowledgment of receipt, within 2 months of receiving the DIA. The seller then…
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I have lost my property deed, and I do not remember either the name of the notary or the address of the notary office. How can I obtain a copy?

In such a case, you should approach the territorially competent land registration service. By completing certain formalities (filling out CERFA forms n° 3233SD and n° 3236 SD), you can obtain a copy of your property deed (which will include the name of the notary who drafted the act).
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I'm about to buy a property. The property was rented, and the seller has given his tenant notice to sell. In the meantime, he has lowered the price by 20,000 euros. The notary tells us that we have to propose the sale of the property to the tenant again.

Is this true? Yes. Article 15 of the French law of July 6, 1989, stipulates that "in the event that the owner decides to sell on terms or at a price more advantageous to the purchaser, the notary must, if the lessor has not previously done so, notify the tenant…
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I want to sell the studio I bought 10 years ago, which was my main residence until 3 years ago. My banker tells me that I still benefit from the capital gains exemption. Is this correct?

No. To benefit from the capital gains exemption when selling a home other than your principal residence, you must : the seller must not have owned his or her principal residence, directly or through an intermediary, during the four years preceding the sale; the seller must undertake to use the…
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I'm about to buy a property. The property was rented, and the seller has given his tenant notice to sell. In the meantime, he has lowered the price by 20,000 euros. The notary tells us that we have to propose the sale of the property to the tenant again.

Is this true? Yes. Article 15 of the French law of July 6, 1989, stipulates that "in the event that the owner decides to sell on terms or at a price more advantageous to the purchaser, the notary must, if the lessor has not previously done so, notify the tenant…
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I've just bought an apartment in Lyon following the transfer I obtained. I'm currently working in Bordeaux and will be staying there for a few more months. Can I rent out my property in Lyon until I move in?

Yes, but only under certain conditions. When a specific event, of a professional or family nature, justifies your taking over the rented premises, you can enter into a lease for a period of less than 3 years but at least 1 year (art. 11, al. 1 law n°89-462 of July…
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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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I became the usufructuary of my spouse's property upon his/her death. Do I have to declare the value of freehold assets to calculate the IFI?

No, if the dismemberment of ownership results from the option exercised within the framework of your legal rights (article 757 of the Civil Code), you only declare the value of the usufruct. This value is determined according to the scale of article 669 of the General Tax Code, according to…
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Following the death of our parents, my brothers and I became joint owners of a property located in a condominium. The general meeting of co-owners is due to be held soon. Can each of us take part in the vote, given that we don't get along?

No. When a condominium is held by undivided co-owners, the indivision as a whole is represented by a joint agent chosen by the undivided co-owners. In the case of a disagreement, the representative is appointed by the president of the court to which the matter has been referred either by…
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I became the usufructuary of my spouse's property upon his/her death. Do I have to declare the value of freehold assets to calculate the IFI?

No, if the dismemberment of ownership results from the option exercised within the framework of your legal rights (article 757 of the Civil Code), you only declare the value of the usufruct. This value is determined according to the scale of article 669 of the General Tax Code, according to…
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When settling an estate, I understand that the notary does not have to certify ownership of a property if it is sold within 10 months of the death. Is this true?

No. The purpose of the real estate certificate of ownership, published at the land registry office, is to record the transfer of ownership following a death. However, article 29, last paragraph, of decree no. 55-22 of January 4, 1955, states that it is possible not to issue such a certificate…
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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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I have signed a professional lease with an association. At the end of the lease, I want to sell the property. Does the tenant have a right of pre-emption?

No. Professional leases are governed by article 57 A of law no. 86-1290 of December 23, 1986, which does not give the lessee any right of pre-emption. This means that you are not obliged to offer him the sale of your property as a priority. You should, however, check that…
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Following the death of our grandfather, my brother and cousins and I have joint ownership of a house. My brother wants to sell his share to one of the cousins without offering it to me first. Does he have the right to do so?

Yes. Article 815-14 of the French Civil Code establishes a right of priority for co-owners only in the event that one of them wishes to sell his or her rights to a third party. In your case, your brother is selling his share to another co-owner. Therefore, you have no…
See more
I am 85 years old. Is there an age limit for selling a life annuity?

No . The law does not impose a maximum age for selling a life annuity; on the other hand, this sale supposes a hazard, based on the lifespan of the seller. If it is shown that the purchaser, when signing the contract, could not ignore the high probability of the…
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We are two brothers and one sister co-owning an agricultural land. My sister and I want to lease it, but my brother opposes. Is the agreement of all co-owners required ?

Yes. Regarding co-ownership, Article 815-3 4° of the Civil Code states that a majority of two-thirds of the co-owners can "conclude and renew leases other than those concerning a property for agricultural, commercial, industrial, or artisanal use." In your case, it is a lease for agricultural use, which requires the…
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Following the death of my mother, I inherited her apartment. I wish to sell it. What is the acquisition value to be used in order to determine the amount of the real estate capital gain?

The capital gain carried out on the sale of a property is equal to the difference between the sale price and the acquisition price. When the property was received following a death, the acquisition price corresponds to the value retained in the declaration of succession (art. 150 VB, I, CGI).
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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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The real estate agent mandated by my lessor has just sent me a sale notice, for the accommodation where I am the tenant. If I buy, am I required to pay his fees?

No. The right of pre-emption provided for by article 15, II of law 89-462 dated July 6, 1989 constitutes a right of acquisition priority, for the benefit of the tenant who is in place. If you exercise this right, the real estate agent does not provide any intermediary service between…
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I am selling my house, which is connected to the mains drainage. My notary is asking me to have a collective sanitation diagnosis carried out. Is it mandatory?

It depends on where your property is located. The diagnosis is legally mandatory for non-collective sanitation facilities (art. L.1311-11-1 Public Health Code). However, the municipalities can impose a control of the quality of the works necessary to bring the waste water to the public part of the connection and of…
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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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My spouse and I have divorced. During our marriage, we bought a house that we wish to keep. Are we required to establish a co-ownership agreement ?

No. Regardless of the origin of the co-ownership (whether from an inheritance or a divorce, for example), a co-ownership agreement is always optional. However, since decisions must generally be made unanimously by all co-owners, which can be a source of difficulties, the agreement allows you to organize in advance the…
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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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Before our marriage my husband owned a car which he sold during the marriage. The notary tells me that he received a reward equal to the sale price. Is this normal ?

Yes . When the spouses are married under the regime of the legal community, three patrimonies are to be distinguished: the patrimony specific to each spouse and the common patrimony. During couple life, financial movements often take place between the different assets. The mechanism of rewards is intended to restore…
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My friends and I set up a SCI to buy a building in the city centre. I am the majority shareholder. I would now like to sell all my shares and have already found a buyer. Can the town council exercice it's right of emption?

Yes, in certain cases. When the sale involves most of the shares in a SCI that owns a property whose sale would itself be subject to the town's right of pre-emption, the town council can exercise this right (art. L.213-1, 3° C. urbanism). Good to know: this right of pre-emption…
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I disagree with my lessor who is not carrying out the work for which he is legally responsible. I want to deposit the rent at the deposit and consignment fund. Is it possible?

Yes but… . You cannot decide yourself to block the payment of rents. If no amicable solution has been found with your lessor, the consignment of rents (excluding charges) may be requested before the court, pending the settlement of the dispute. Once obtained, you must complete a file with the…
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I was the bare owner of a house, the usufructuary has just passed away. Does my notary have to take steps with the land registration service?

No. In the case mentioned, there is no legal obligation to advertise with the land advertisement service. The death of the usufructuary will simply be mentioned in the next deed of disposal subject to publication relating to this house (example: a sale), by the former bare owner who has become…
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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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I signed a sales og agreement specifying that the sale would be reiterated by acte authentique before November 2, 2019, i.e. 3 months after the signing of the sales of agreement. [...].

[...] The date has passed, the acte authentique has still not been signed and the seller is refusing to sign. What can I do? This depends on the terms of your sales of agreement, but in principle, failure to meet the deadline does not result in the sale lapsing ("disappearing")…
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I rent a parking space in the residence which is right next to mine. My landlord has informed me that he has sold it to one of the co-owners of his building, without offering it to me. Did he have the right to do so?

Yes, the tenant's right of pre-emption in the case of the sale of a property leased by him only applies to residential or mixed-use premises that constitute the tenant's principal residence. Therefore, it does not apply to the sale of a parking space, unless it constitutes an accessory to the…
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When settling an estate, I understand that the notary does not have to certify ownership of a property if it is sold within 10 months of the death. Is this true?

No. The purpose of the real estate certificate of ownership, published at the land registry office, is to record the transfer of ownership following a death. However, article 29, last paragraph, of decree no. 55-22 of January 4, 1955, states that it is possible not to issue such a certificate…
See more
I've been living in a rent-free apartment for years. The owner tells me he's just sold it. Can I ask for the sale to be annulled because he didn't offer it to me as a priority?

No. You're probably thinking of the tenant's right of pre-emption under a residential lease (provided for in article 15 of the law of July 6, 1989). In your case, you are not a tenant, as you occupy the property free of charge. The owner is therefore under no obligation to…
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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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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 found out that all the heirs of my tenant who died 6 months ago have decided to renounce his estate. The apartment is still furnished with furniture from my former tenant. Can I get rid of it?

No. A landlord cannot himself recover the accommodation and get rid of the furniture of his deceased tenant. When there is no known heir and if the rental contract has ended, the owner must first obtain a court decision (article 1324 of the Code of Civil Procedure). The costs of…
See more
My wife and I signed a preliminary sales agreement 5 days ago. I want to withdraw but my wife refuses. Does my withdrawal imply that of my wife?

Yes, if the preliminary sales agreement you signed with your wife designates the two of you as inseparable purchasers, and you are married under the community of property regime, in accordance with the ruling of the French Supreme Court dated September 14, 2017 (N°16-17.856).
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We are 3 brothers and sisters who own an undivided piece of farmland. My sister and I want to rent it out, but my brother is against it. Do we all need to agree?

Yes, in principle, if only some of the undivided co-owners wish to enter into a lease on an undivided property, they must hold at least two-thirds of the undivided rights in order to do so. However, this rule does not apply to leases on agricultural real estate (art. 815-3, 4°…
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My spouse has passed away. He owned the apartment where we were living at the time of his death, which he bought before our marriage. I have a ¼ share of his estate. I want to become the owner, but his children do not agree. Can they prevent it?

No. The surviving spouse who co-owns the deceased's property can request the preferential allocation of the main residence if it was already their home at the time of death (Article 831-2, 1° Civil Code). If requested, this allocation is automatic and binding on the other co-owners (Article 831-3 Civil Code).
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I am selling my house, which is connected to the mains drainage. My notary is asking me to have a collective sanitation diagnosis carried out. Is it mandatory?

It depends on where your property is located. The diagnosis is legally mandatory for non-collective sanitation facilities (art. L.1311-11-1 Public Health Code). However, the municipalities can impose a control of the quality of the works necessary to bring the waste water to the public part of the connection and of…
See more
Following the death of my mother, I inherited her apartment. I wish to sell it. What is the acquisition value to be used in order to determine the amount of the real estate capital gain?

The capital gain carried out on the sale of a property is equal to the difference between the sale price and the acquisition price. When the property was received following a death, the acquisition price corresponds to the value retained in the declaration of succession (art. 150 VB, I, CGI).
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Several years ago, I built my house on a piece of land owned by my sister. When I decided to sell the property, I discovered that my name was not on the title deed. Is this normal ?

Yes. Under French law, the principle is that ownership of the land includes ownership of everything on and beneath it (Article 552 of the Civil Code). This means that even if you financed the construction of the house, your sister remains the owner. For the house to become your property…
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I am a commercial landlord. I wish to dismiss my tenant with a renewal offer. Do I have to do it via a bailiff?

Yes. In accordance with the provisions of the last paragraph of Article L145-9 of the Commercial Code, a notice must be given by extrajudicial act, i.e., by the bailiff. Any leave issued in any other form is void. The nullity of the leave can only be raised by its recipient…
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I've been living in a rent-free apartment for years. The owner tells me he's just sold it. Can I ask for the sale to be annulled because he didn't offer it to me as a priority?

No. You're probably thinking of the tenant's right of pre-emption under a residential lease (provided for in article 15 of the law of July 6, 1989). In your case, you are not a tenant, as you occupy the property free of charge. The owner is therefore under no obligation to…
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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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How do I find an old title deed?

The deed to my father's house is at least 35 years old. My father's state of health prevents him from looking after his own affairs, which has led the public prosecutor to place him under guardianship. His condition requires that he be placed in a specialized institution. As the cost…
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I own a property and am currently in hospital. My notary came to the hospital 9 days ago to have me sign a preliminary sales agreement. Now I want to retract. Do I have the right to do so ?

No. Article 12-1 of the French National Rules of Notaries prescribes that the notary must, as a rule, have the parties to the deed sign in his office. Exceptionally, he may have them sign at other specified locations, such as a hospital. Article L 221-2 7° of the French Consumer…
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The real estate agent mandated by my lessor has just sent me a sale notice, for the accommodation where I am the tenant. If I buy, am I required to pay his fees?

No. The right of pre-emption provided for by article 15, II of law 89-462 dated July 6, 1989 constitutes a right of acquisition priority, for the benefit of the tenant who is in place. If you exercise this right, the real estate agent does not provide any intermediary service between…
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We are 4 cousins, and our aunt gave us the bare ownership of one of her apartments while retaining the usufruct. We all want to sell it, but she is against it. Can we get legal permission to sell it?

No . When the ownership of an asset is dismembered, i.e., divided between a bare owner and a usufructuary, in principle the judge cannot authorize the sale of the asset against the will of the usufructuary (art. 815 -5 C. civ.).
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I am associated with my spouse and my brother in a family SCI subject to IR. With my spouse, we occupy one of the properties of the SCI as our main residence. The SCI has decided to sell this property (...)

Will the 3 partners be exempt from real estate capital gains? No. Capital gains realized on the sale of the main residence of the seller on the day of the sale are exempt (article 150 U, II-1° of the General Tax Code). When the property is held through a company…
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I rent a parking space in the neighboring residence. My landlord informed me that he sold it to one of the building's co-owners without offering it to me first. Is he allowed to do so ?

Yes. The tenant's right of first refusal exists only in specific cases defined by law, such as for unfurnished residential leases (Article 15 II of the law of July 6, 1989). In the case of selling a parking space, no law provides a right of priority for the tenant. Therefore…
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I rent a parking space in the residence which is right next to mine. My landlord has informed me that he has sold it to one of the co-owners of his building, without offering it to me. Did he have the right to do so?

Yes, the tenant's right of pre-emption in the case of the sale of a property leased by him only applies to residential or mixed-use premises that constitute the tenant's principal residence. Therefore, it does not apply to the sale of a parking space, unless it constitutes an accessory to the…
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I am selling my co-ownership lot. The managing agents have invoiced me for the dated state 500€ including tax. Is this normal?

No. When a co-owner sells his lot within the co-ownership, the managing agents costs and fees relating to the services provided for the benefit of one of the co-owners are attributable to him. However, the costs and fees relating to the establishment of the dated statement may not exceed €380…
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We have entrusted the sale of our house to several real estate agencies. One of the agents is personally interested in our property. Can he buy it?

No. Article 1596 of the Civil Code provides that « the following cannot become purchasers, under penalty of nullity, either by themselves or through intermediaries: […] Agents, of the goods they are responsible for selling […] » Indeed, the agent cannot both represent the seller and acquire his property, under…
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I want to give bare ownership of assets to my minor grandchildren and keep the usufruct. If I die before they reach majority, I do not want these assets to be managed by their parents. Is this possible ?

Yes. It is entirely possible to make a donation to your minor grandchildren. This donation must be accepted by their legal administrators (their parents), in accordance with Article 935 of the Civil Code. However, you can specify in the donation act that the donated assets be managed by a third…
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I want to sell the studio I bought 10 years ago, which was my main residence until 3 years ago. My banker tells me that I still benefit from the capital gains exemption. Is this correct?

No. To benefit from the capital gains exemption when selling a home other than your principal residence, you must : the seller must not have owned his or her principal residence, directly or through an intermediary, during the four years preceding the sale; the seller must undertake to use the…
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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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How do I find an old title deed?

The deed to my father's house is at least 35 years old. My father's state of health prevents him from looking after his own affairs, which has led the public prosecutor to place him under guardianship. His condition requires that he be placed in a specialized institution. As the cost…
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With my spouse, we are going to buy an apartment in a building that was delivered in December 2021. The current owner has occupied it for some time now. Can we still benefit from the emoluments provided for the sale of new properties?

No. The rates provided for in Article A.444-92 of the Commercial Code are only applicable to "the first sale in the future state of completion or completed of residential premises, apartments or individual houses", which have never been inhabited. Consequently, the occupation of the premises by the current owner no…
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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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I plan to sell land that I own. I am disabled and have a disability card. I heard that I could benefit from an exemption of the realized capital gain. Is it correct?

Yes but under certain conditions . To benefit from this exemption, you must hold a “mobility inclusion” card bearing the mention “disability”. In addition, for the penultimate year preceding the transfer, you must not be liable for real estate wealth tax and your reference tax income must not exceed the…
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I wish to rent a parking space. The agency indicates that in case of termination, I must give three months' notice. If I am transferred for work, can I claim a reduction of this period?

No. The rental of a parking space does not fall under the provisions of Article 15 of the July 6, 1989, law on residential leases. You must therefore respect the three-month period provided in your lease unless it includes a clause for reducing notice in the event of a job…
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Before our marriage my husband owned a car which he sold during the marriage. The notary tells me that he received a reward equal to the sale price. Is this normal ?

Yes . When the spouses are married under the regime of the legal community, three patrimonies are to be distinguished: the patrimony specific to each spouse and the common patrimony. During couple life, financial movements often take place between the different assets. The mechanism of rewards is intended to restore…
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I have lost my property deed, and I do not remember either the name of the notary or the address of the notary office. How can I obtain a copy?

In such a case, you should approach the territorially competent land registration service. By completing certain formalities (filling out CERFA forms n° 3233SD and n° 3236 SD), you can obtain a copy of your property deed (which will include the name of the notary who drafted the act).
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I am in joint possession with my sister on a house. We signed a sales agreement with a buyer. My sister wants me to collect the full price. Is she still required to come and sign the deed of sale?

Yes. The notary responsible for drawing up the deed of sale must obtain the consent to the sale of all the joint owners. As regards the breakdown of the sale price by the notary, it is made in proportion to your respective joint rights. Note : if your sister decides…
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I sold my apartment on February 2, but I've just received the property tax notice. Do I have to pay it, or can I ask the buyer to pay part of it?

In principle, property tax is due by the owner on January 1 of the current year. As a result, in principle, you are liable for it. However, it is customary to specify in the deed of sale that the seller and buyer will share the burden of this tax on…
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I am associated with my spouse and my brother in a family SCI subject to IR. With my spouse, we occupy one of the properties of the SCI as our main residence. The SCI has decided to sell this property (...)

Will the 3 partners be exempt from real estate capital gains? No. Capital gains realized on the sale of the main residence of the seller on the day of the sale are exempt (article 150 U, II-1° of the General Tax Code). When the property is held through a company…
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A few years ago I sold a studio and paid capital gains tax. I reinvested the price of this sale through the purchase of an apartment that I rented out. I now want to sell it to acquire a main residence. Can I benefit from the exemption from tax (...)

...on the capital gain which was carried out during the first transfer of a dwelling other than the main residence? Yes . When a person sells real estate which is not their main residence, it is possible to request exemption from the capital gain that has been realized, subject to…
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The bank granted me a bridging loan. To date, I've been unable to sell my property. The bank tells me that this is not a legitimate reason for a non-repayment on the contractual due date. Is this true?

Yes. When your bridging loan contract expires and you are unable to repay it, either you succeed in negotiating an extension of the repayment term with your bank, or the bank may demand repayment of the entire loan amount on the agreed date.
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I am a tenant, and I am selling my second home. I informed the notary that I wanted to reinvest the price in the acquisition of a principal residence and benefit from the exemption from the capital gain provided for in this case (...)

However, I did not do so within the 24-month deadline. Can the exemption be challenged? Yes. During the first transfer of a dwelling other than the main residence, it is possible to ask to be exempted from the capital gain which has been realized, provided that all or part of…
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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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I am selling my co-ownership lot. The managing agents have invoiced me for the dated state 500€ including tax. Is this normal?

No. When a co-owner sells his lot within the co-ownership, the managing agents costs and fees relating to the services provided for the benefit of one of the co-owners are attributable to him. However, the costs and fees relating to the establishment of the dated statement may not exceed €380…
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We have entrusted the sale of our house to several real estate agencies. One of the agents is personally interested in our property. Can he buy it?

No. Article 1596 of the Civil Code provides that « the following cannot become purchasers, under penalty of nullity, either by themselves or through intermediaries: […] Agents, of the goods they are responsible for selling […] » Indeed, the agent cannot both represent the seller and acquire his property, under…
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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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I own a house inherited from my parents. Upon my death, I wish to bequeath it to one of my daughters, then have it passed on to my grandson upon her death, with the condition that he transfers it to his future child. Is this possible ?

Partially. By will, you can bequeath this house to your daughter with the condition that she keeps and transfers it to her son (Article 1051 of the Civil Code). However, the law does not allow you to impose this condition on your grandson (Article 1053 paragraph 1 of the Civil…
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With my spouse, we are going to buy an apartment in a building that was delivered in December 2021. The current owner has occupied it for some time now. Can we still benefit from the emoluments provided for the sale of new properties?

No. The rates provided for in Article A.444-92 of the Commercial Code are only applicable to "the first sale in the future state of completion or completed of residential premises, apartments or individual houses", which have never been inhabited. Consequently, the occupation of the premises by the current owner no…
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I am in the process of divorcing my husband, the non-conciliation order has just been made. If I acquire a property (married in community regime), will it belong to me in its entirety?

Buying real estate during divorce proceedings is possible, but the operation is risky. Under the old contentious divorce regime (procedures initiated before January 1, 2021, as in your case), the date of the effects of the divorce between the spouses is fixed on the date of the ONC, subject to…
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I sold my apartment on February 2, but I've just received the property tax notice. Do I have to pay it, or can I ask the buyer to pay part of it?

In principle, property tax is due by the owner on January 1 of the current year. As a result, in principle, you are liable for it. However, it is customary to specify in the deed of sale that the seller and buyer will share the burden of this tax on…
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We are 4 cousins, and our aunt gave us the bare ownership of one of her apartments while retaining the usufruct. We all want to sell it, but she is against it. Can we get legal permission to sell it?

No . When the ownership of an asset is dismembered, i.e., divided between a bare owner and a usufructuary, in principle the judge cannot authorize the sale of the asset against the will of the usufructuary (art. 815 -5 C. civ.).
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I acquired an apartment located in a co-ownership 1 year ago. My seller had been using the adjoining garden, which is a common part, for 29 years. Can I argue for this 30-year-old use (29 years for my seller and 1 year for me) to become the owner ...

... of the garden? Non. Les juges autorisent l’acquisition par un copropriétaire d’une partie commune par l'effet de sa possession lorsque toutes les conditions sont réunies, notamment le fait de se comporter comme le propriétaire du bien depuis au moins 30 ans ( Cass. Civ.3e, 11 juill. 2019, n°18-17-771). En…
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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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My spouse and I have divorced. During our marriage, we bought a house that we wish to keep. Are we required to establish a co-ownership agreement ?

No. Regardless of the origin of the co-ownership (whether from an inheritance or a divorce, for example), a co-ownership agreement is always optional. However, since decisions must generally be made unanimously by all co-owners, which can be a source of difficulties, the agreement allows you to organize in advance the…
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I'm about to buy a property on which my neighbor has a right-of-way that gives him access to his electricity meter, which is installed in an outbuilding. This building is currently open, but could I close it off?

Yes. In principle, nothing prevents you from enclosing the building, unless otherwise stipulated in the easement deed. If this is not the case, article 701 of the French Civil Code prohibits the owner of the servient land from "diminishing its use or making it more inconvenient". So, if you decide…
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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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I acquired a property six years ago and I am reselling it. Can I benefit from the work package to reduce the amount of the added value which has been realized, even though I didn’t have any work done?

Yes . The real estate capital gain corresponds to the difference between the resale price of the property and its acquisition price. To reduce this amount, it is possible to increase the acquisition price of a certain number of costs and expenses, which have been exhaustively listed in the General…
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The catering company of which I am the manager holds a commercial lease. The contract includes a rent indexation clause with the reference index being the 3rd quarter of the ILC (commercial rent index). Is it true that this year, the indexation (...)

...of the rent is exceptionally capped due to the economic context? Yes, but under certain conditions. Indeed, to cope with inflation and help SMEs, the law of 16 August 2022 on purchasing power includes various emergency measures, in particular the capping of the annual variation of the commercial rent index…
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My cousins and I are selling a plot of land on which certain members of our family are buried. Will the purchasers become the owners of these graves, and will they be able to destroy them? Can we recover the bodies of our ancestors?

No, the new owners cannot destroy these graves. When they are located on private property, they have a perpetual character and are outside the scope of the sale (Cass. civ., April 11, 1938). Purchasers are not only prohibited from destroying them, but must also allow you access to them. Only…
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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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I am a commercial landlord. I wish to dismiss my tenant with a renewal offer. Do I have to do it via a bailiff?

Yes. In accordance with the provisions of the last paragraph of Article L145-9 of the Commercial Code, a notice must be given by extrajudicial act, i.e., by the bailiff. Any leave issued in any other form is void. The nullity of the leave can only be raised by its recipient…
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I am selling my house. My notary sent the declaration of intent to alienate (DIA) to the town hall. If the latter decides to exercise its right of pre-emption, does it have to acquire the property at the price initially fixed?

No. A municipality can very well decide to pre-empt a property offered for sale at a selling price lower than that desired by the seller. The latter must send the owner its proposal by registered letter with acknowledgment of receipt, within 2 months of receiving the DIA. The seller then…
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How to reduce inheritance tax on real estate and avoid capital gains?

As the sole heir to the estate of a 4th degree relative, I'm looking to reduce the amount of inheritance tax (between 55% and 60% min.) and then avoid a capital gain on the property. Once the inheritance tax has been paid on the estimated value of the property, should…
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Is joint ownership possible even after a purchase?

I own a property that interests a friend. Can I sell him half of the property and have both of us own it jointly? If so (we want to own 50% each), can I ask him to pay me half the estimated value of the property?
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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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I plan to sell land that I own. I am disabled and have a disability card. I heard that I could benefit from an exemption of the realized capital gain. Is it correct?

Yes but under certain conditions . To benefit from this exemption, you must hold a “mobility inclusion” card bearing the mention “disability”. In addition, for the penultimate year preceding the transfer, you must not be liable for real estate wealth tax and your reference tax income must not exceed the…
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I acquired an apartment located in a co-ownership 1 year ago. My seller had been using the adjoining garden, which is a common part, for 29 years. Can I argue for this 30-year-old use (29 years for my seller and 1 year for me) to become the owner ...

... of the garden? Non. Les juges autorisent l’acquisition par un copropriétaire d’une partie commune par l'effet de sa possession lorsque toutes les conditions sont réunies, notamment le fait de se comporter comme le propriétaire du bien depuis au moins 30 ans ( Cass. Civ.3e, 11 juill. 2019, n°18-17-771). En…
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I am a co-owner and would like to buy part of the landing adjacent to my apartment. The condominium is made up of three buildings. The co-owners of the building in which my property is located approved the operation at a general meeting.

The notary has informed me that all the co-owners should have been summoned and taken part during the vote. is it true? Yes…but. Special common portions are those assigned to the use or usefulness of several co-owners and not as an entirety, unlike general common portions. Decisions relating to these…
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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 rent a parking space in the neighboring residence. My landlord informed me that he sold it to one of the building's co-owners without offering it to me first. Is he allowed to do so ?

Yes. The tenant's right of first refusal exists only in specific cases defined by law, such as for unfurnished residential leases (Article 15 II of the law of July 6, 1989). In the case of selling a parking space, no law provides a right of priority for the tenant. Therefore…
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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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Following the death of our mother, my brothers and I found ourselves in joint ownership of a property. As one of them had debts, his creditor applied to the courts for the property to be divided up, [...]

[...] leading the judge to decide that the property should be sold by auction. Is there any way to prevent the property from being sold at auction? Yes, article 815-17 of the French Civil Code stipulates that when the personal creditors of an undivided co-owner initiate partition, " the co-owners…
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Can a usufructuary compel the bare owner to undertake major repairs?

For reference: unless a different arrangement is specified, articles 605 and 606 of the Civil Code outline how responsibilities for repairs are divided between the bare owner and the usufructuary. Major repairs, such as those to the structural walls or entire roofs, fall to the bare owner, while the usufructuary…
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My spouse has passed away. He owned the apartment where we were living at the time of his death, which he bought before our marriage. I have a ¼ share of his estate. I want to become the owner, but his children do not agree. Can they prevent it?

No. The surviving spouse who co-owns the deceased's property can request the preferential allocation of the main residence if it was already their home at the time of death (Article 831-2, 1° Civil Code). If requested, this allocation is automatic and binding on the other co-owners (Article 831-3 Civil Code).
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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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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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I bought a VEFA property. My apartment was to be delivered at the end of October 2019. Delivery has been pushed back to the end of October 2020. Can I ask him to pay me compensation for this delay?

Yes, you can claim late delivery penalties or damages from your developer, if the delay causes you prejudice (e.g., rental of a storage unit for your furniture, accommodation costs, etc.). However, your promoter may not be held liable if there is a legitimate reason (bad weather, late delivery of materials…
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I signed a sales og agreement specifying that the sale would be reiterated by acte authentique before November 2, 2019, i.e. 3 months after the signing of the sales of agreement. [...].

[...] The date has passed, the acte authentique has still not been signed and the seller is refusing to sign. What can I do? This depends on the terms of your sales of agreement, but in principle, failure to meet the deadline does not result in the sale lapsing ("disappearing")…
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I am a doctor. I want to buy an apartment in a co-ownership to make it my residence and my medical practice. The co-ownership regulations include a bourgeois housing clause. Can I still practice my profession?

It depends. In accordance with article 8, para. 1 of Law No. 65-557 of July 10, 1965, the co-ownership regulations determine the destination of the private and common sections, as well as the conditions of their enjoyment. Each co-owner can freely enjoy his private partitions, subject to not infringing the…
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I acquired a property six years ago and I am reselling it. Can I benefit from the work package to reduce the amount of the added value which has been realized, even though I didn’t have any work done?

Yes . The real estate capital gain corresponds to the difference between the resale price of the property and its acquisition price. To reduce this amount, it is possible to increase the acquisition price of a certain number of costs and expenses, which have been exhaustively listed in the General…
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I have signed a contract for a property sale in the future state of completion (VEFA). The delivery is scheduled after my marriage. Will this real estate become part of the marital community?

No. According to Article 1601-3 of the Civil Code, the land ownership is transferred to the buyer the moment the future state completion sales contract is signed. Therefore, the property is considered your personal asset. However, any payments for future constructions paid after your marriage are assumed to be communal…
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I own a barge on the Seine in which I live. I would like to sell it. Can I claim exemption from capital gains tax on the sale?

Yes, under certain conditions. It is possible to benefit from an exemption from capital gains tax when the property sold constitutes the seller's principal residence on the day of sale (art. 150 U CGI). For tax purposes, this residence can only be a residential property. Legally, a barge is a…
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I'm about to buy a property on which my neighbor has a right-of-way that gives him access to his electricity meter, which is installed in an outbuilding. This building is currently open, but could I close it off?

Yes. In principle, nothing prevents you from enclosing the building, unless otherwise stipulated in the easement deed. If this is not the case, article 701 of the French Civil Code prohibits the owner of the servient land from "diminishing its use or making it more inconvenient". So, if you decide…
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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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My grandmother wants to sell her property, which she had given in bare ownership to her only son, from whom my brother and I are descended. My father died 2 years ago. We have given our consent to this sale.

Do we also need to obtain the agreement of our mother-in-law, who has opted for usufruct in our father's estate? Yes, your mother-in-law (your father's surviving spouse) has a successive or contingent usufruct on the bare property you inherited from your father. Therefore, in the event of the sale of…
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My friends and I set up a SCI to buy a building in the city centre. I am the majority shareholder. I would now like to sell all my shares and have already found a buyer. Can the town council exercice it's right of emption?

Yes, in certain cases. When the sale involves most of the shares in a SCI that owns a property whose sale would itself be subject to the town's right of pre-emption, the town council can exercise this right (art. L.213-1, 3° C. urbanism). Good to know: this right of pre-emption…
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I disagree with my lessor who is not carrying out the work for which he is legally responsible. I want to deposit the rent at the deposit and consignment fund. Is it possible?

Yes but… . You cannot decide yourself to block the payment of rents. If no amicable solution has been found with your lessor, the consignment of rents (excluding charges) may be requested before the court, pending the settlement of the dispute. Once obtained, you must complete a file with the…
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My grandfather gave me a piece of land. The deed of gift contains an inalienability clause valid until his death. I need to borrow money from a bank. Can the latter register a mortgage on my land?

Yes . If the inalienability clause has the effect of prohibiting you from selling or giving away the property you have received, it is always possible for your creditors to take out a mortgage registration on the property given (Civ. 1e, Oct. 9, 1985, n°84-13.306 concerning a judicial mortgage and…
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My parents having had 4 children, they obtained social housing with 5 rooms about thirty years ago. After the death of my father, my mother stayed in this apartment, and I came to live with her a year and a half ago. She passed away and I want to (...)

...take over her lease. Is it possible? It depends . Indeed, on the death of the tenant, the rental contract can be transferred to the descendants who lived with him for at least one year on the date of death (art. 14 law n ° 89-462 of July 6, 1989)…
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My grandmother wants to sell her property, which she had given in bare ownership to her only son, from whom my brother and I are descended. My father died 2 years ago. We have given our consent to this sale.

Do we also need to obtain the agreement of our mother-in-law, who has opted for usufruct in our father's estate? Yes, your mother-in-law (your father's surviving spouse) has a successive or contingent usufruct on the bare property you inherited from your father. Therefore, in the event of the sale of…
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I want to give bare ownership of assets to my minor grandchildren and keep the usufruct. If I die before they reach majority, I do not want these assets to be managed by their parents. Is this possible ?

Yes. It is entirely possible to make a donation to your minor grandchildren. This donation must be accepted by their legal administrators (their parents), in accordance with Article 935 of the Civil Code. However, you can specify in the donation act that the donated assets be managed by a third…
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My cousins and I are selling a plot of land on which certain members of our family are buried. Will the purchasers become the owners of these graves, and will they be able to destroy them? Can we recover the bodies of our ancestors?

No, the new owners cannot destroy these graves. When they are located on private property, they have a perpetual character and are outside the scope of the sale (Cass. civ., April 11, 1938). Purchasers are not only prohibited from destroying them, but must also allow you access to them. Only…
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I am a tenant, and I am selling my second home. I informed the notary that I wanted to reinvest the price in the acquisition of a principal residence and benefit from the exemption from the capital gain provided for in this case (...)

However, I did not do so within the 24-month deadline. Can the exemption be challenged? Yes. During the first transfer of a dwelling other than the main residence, it is possible to ask to be exempted from the capital gain which has been realized, provided that all or part of…
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I am a student and, along with a friend, we plan to become roommates. I know he is very extravagant. If he doesn’t pay his share of the rent, will I be held responsible for his part?

It depends. By default, the law does not provide for solidarity between roommates. This means each person is only responsible for paying their share of the rent. For the landlord to be able to turn to you in case your roommate fails to pay, the lease must explicitly include a…
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A few years ago I sold a studio and paid capital gains tax. I reinvested the price of this sale through the purchase of an apartment that I rented out. I now want to sell it to acquire a main residence. Can I benefit from the exemption from tax (...)

...on the capital gain which was carried out during the first transfer of a dwelling other than the main residence? Yes . When a person sells real estate which is not their main residence, it is possible to request exemption from the capital gain that has been realized, subject to…
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I am a student and, along with a friend, we plan to become roommates. I know he is very extravagant. If he doesn’t pay his share of the rent, will I be held responsible for his part?

It depends. By default, the law does not provide for solidarity between roommates. This means each person is only responsible for paying their share of the rent. For the landlord to be able to turn to you in case your roommate fails to pay, the lease must explicitly include a…
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My property has been for sale for 2 years. The notary had sent a declaration of intent to alienate to the municipality, which waived its right of pre-emption. Do I have to make another declaration to the commune if I find a buyer?

I put my property up for sale 2 years ago. The notary had sent a declaration of intent to alienate the municipality, which had then waived its right of pre-emption. The sale ultimately did not go through. I found a new buyer. Is it necessary to re-declare to the municipality…
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My wife has just passed away. We owned our primary residence. As part of the inheritance tax declaration, am I obliged to apply the 20% deduction on the principal residence of the deceased? ?

Yes. The General Tax Code provides, for the calculation of inheritance tax, that buildings are valued according to their real market value on the date of death. But, with regard to the main residence of the deceased, article 764 bis of the CGI provides for the automatic application of a…
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My father donated a property to me in full ownership. Today, I want to sell it, but the notary has informed me that I need the signature of my brothers and sisters, even though I'm the only one who owns the property. Is this formality compulsory?

Yes. Article 924-4 of the French Civil Code stipulates that heirs with reserved rights may bring an action for reduction or revendication against third parties holding real estate that was donated and subsequently disposed of by the recipient. In practical terms, if your father's gift encroaches on your brothers' and…
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After their retirement, my parents moved to Portugal, where they bought a house. My father has passed away, and we need to appraise this residence for the inheritance declaration. How should we proceed ?

Generally, when the deceased owned real estate, the value to be considered for the inheritance declaration is the market value on the date of death (Article 761, paragraph 1 of the General Tax Code and BOI-ENR-DMTG-10-40-20 §20). This is the value that would be obtained if the property were sold…
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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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The bank granted me a bridging loan. To date, I've been unable to sell my property. The bank tells me that this is not a legitimate reason for a non-repayment on the contractual due date. Is this true?

Yes. When your bridging loan contract expires and you are unable to repay it, either you succeed in negotiating an extension of the repayment term with your bank, or the bank may demand repayment of the entire loan amount on the agreed date.
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I own a property and am currently in hospital. My notary came to the hospital 9 days ago to have me sign a preliminary sales agreement. Now I want to retract. Do I have the right to do so ?

No. Article 12-1 of the French National Rules of Notaries prescribes that the notary must, as a rule, have the parties to the deed sign in his office. Exceptionally, he may have them sign at other specified locations, such as a hospital. Article L 221-2 7° of the French Consumer…
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I own a property consisting of a main building that I occupy with my family and two independent houses that I rent out on a furnished basis. I plan to sell the property.

Could I stil benefit from the capital gains exemption on the sale of my main residence? Yes, but only on the part that constitutes your principal residence. For you to benefit from the capital gains tax exemption, the sale must relate to your principal residence (art. 150 U, II, 1°…
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With my spouse we have a plot of 1000m2 where we built our house, then proceeded to divide the plot. We just want to sell the unbuilt part. The value of land to be used to calculate the real estate capital gain, zero?

No. If the sale concerns part of the land, the capital gain is determined by taking into account the fraction of the acquisition price relating to this part alone. The same applies to charges and indemnities increasing this price (BOI-RFPI-PVI-20-10-20 §130).
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We are two brothers and one sister co-owning an agricultural land. My sister and I want to lease it, but my brother opposes. Is the agreement of all co-owners required ?

Yes. Regarding co-ownership, Article 815-3 4° of the Civil Code states that a majority of two-thirds of the co-owners can "conclude and renew leases other than those concerning a property for agricultural, commercial, industrial, or artisanal use." In your case, it is a lease for agricultural use, which requires the…
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Several years ago, I built my house on a piece of land owned by my sister. When I decided to sell the property, I discovered that my name was not on the title deed. Is this normal ?

Yes. Under French law, the principle is that ownership of the land includes ownership of everything on and beneath it (Article 552 of the Civil Code). This means that even if you financed the construction of the house, your sister remains the owner. For the house to become your property…
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My father donated a property to me in full ownership. Today, I want to sell it, but the notary has informed me that I need the signature of my brothers and sisters, even though I'm the only one who owns the property. Is this formality compulsory?

Yes. Article 924-4 of the French Civil Code stipulates that heirs with reserved rights may bring an action for reduction or revendication against third parties holding real estate that was donated and subsequently disposed of by the recipient. In practical terms, if your father's gift encroaches on your brothers' and…
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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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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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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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Is joint ownership possible even after a purchase?

I own a property that interests a friend. Can I sell him half of the property and have both of us own it jointly? If so (we want to own 50% each), can I ask him to pay me half the estimated value of the property?
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I have signed a professional lease with an association. At the end of the lease, I want to sell the property. Does the tenant have a right of pre-emption?

No. Professional leases are governed by article 57 A of law no. 86-1290 of December 23, 1986, which does not give the lessee any right of pre-emption. This means that you are not obliged to offer him the sale of your property as a priority. You should, however, check that…
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Following the death of our parents, my brothers and I became joint owners of a property located in a condominium. The general meeting of co-owners is due to be held soon. Can each of us take part in the vote, given that we don't get along?

No. When a condominium is held by undivided co-owners, the indivision as a whole is represented by a joint agent chosen by the undivided co-owners. In the case of a disagreement, the representative is appointed by the president of the court to which the matter has been referred either by…
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I am a co-owner and would like to buy part of the landing adjacent to my apartment. The condominium is made up of three buildings. The co-owners of the building in which my property is located approved the operation at a general meeting.

The notary has informed me that all the co-owners should have been summoned and taken part during the vote. is it true? Yes…but. Special common portions are those assigned to the use or usefulness of several co-owners and not as an entirety, unlike general common portions. Decisions relating to these…
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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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My wife has just passed away. We owned our primary residence. As part of the inheritance tax declaration, am I obliged to apply the 20% deduction on the principal residence of the deceased? ?

Yes. The General Tax Code provides, for the calculation of inheritance tax, that buildings are valued according to their real market value on the date of death. But, with regard to the main residence of the deceased, article 764 bis of the CGI provides for the automatic application of a…
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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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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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How to reduce inheritance tax on real estate and avoid capital gains?

As the sole heir to the estate of a 4th degree relative, I'm looking to reduce the amount of inheritance tax (between 55% and 60% min.) and then avoid a capital gain on the property. Once the inheritance tax has been paid on the estimated value of the property, should…
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I own a small house in the countryside in addition to my apartment in the city. Can I give it to my minor grandchild?

Yes. In order for the donation to be validly filed, in addition to the fact that it must be established by a notary, it is essential that the beneficiary accepts the latter (art. 932 C. civ.). When the beneficiary is an unemancipated minor, accepting a donation unencumbered by charges, which…
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I own a property consisting of a main building that I occupy with my family and two independent houses that I rent out on a furnished basis. I plan to sell the property.

Could I stil benefit from the capital gains exemption on the sale of my main residence? Yes, but only on the part that constitutes your principal residence. For you to benefit from the capital gains tax exemption, the sale must relate to your principal residence (art. 150 U, II, 1°…
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My tenant passed away. I learned from his neighbors that he had been accommodating his brother for two years. Can I still get my property back?

It depends. On the tenant’s death, the lease can be transferred to certain individuals expressly covered by the law (art. 14 law n°89-462 of July 6, 1989). Thus, if your tenant’s brother was dependent on the latter and lived with him for at least one year on the date of…
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Following the death of our mother, my brothers and I found ourselves in joint ownership of a property. As one of them had debts, his creditor applied to the courts for the property to be divided up, [...]

[...] leading the judge to decide that the property should be sold by auction. Is there any way to prevent the property from being sold at auction? Yes, article 815-17 of the French Civil Code stipulates that when the personal creditors of an undivided co-owner initiate partition, " the co-owners…
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I am a doctor. I want to buy an apartment in a co-ownership to make it my residence and my medical practice. The co-ownership regulations include a bourgeois housing clause. Can I still practice my profession?

It depends. In accordance with article 8, para. 1 of Law No. 65-557 of July 10, 1965, the co-ownership regulations determine the destination of the private and common sections, as well as the conditions of their enjoyment. Each co-owner can freely enjoy his private partitions, subject to not infringing the…
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I am selling the property that I bought in 1998. At the time the price was expressed in francs. Is the notary obliged to use the INSEE converter to determine the amount of the transaction that shall be carried out in euros ...

... and calculate the capital gain for which I am liable? No. The INSEE converter is a tool that makes it possible to determine the equivalence between two currencies. It takes into account the currency depreciation due to inflation. Nevertheless, to the extent that this tool works on the basis…
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My parents having had 4 children, they obtained social housing with 5 rooms about thirty years ago. After the death of my father, my mother stayed in this apartment, and I came to live with her a year and a half ago. She passed away and I want to (...)

...take over her lease. Is it possible? It depends . Indeed, on the death of the tenant, the rental contract can be transferred to the descendants who lived with him for at least one year on the date of death (art. 14 law n ° 89-462 of July 6, 1989)…
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I am selling the property that I bought in 1998. At the time the price was expressed in francs. Is the notary obliged to use the INSEE converter to determine the amount of the transaction that shall be carried out in euros ...

... and calculate the capital gain for which I am liable? No. The INSEE converter is a tool that makes it possible to determine the equivalence between two currencies. It takes into account the currency depreciation due to inflation. Nevertheless, to the extent that this tool works on the basis…
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My property has been for sale for 2 years. The notary had sent a declaration of intent to alienate to the municipality, which waived its right of pre-emption. Do I have to make another declaration to the commune if I find a buyer?

I put my property up for sale 2 years ago. The notary had sent a declaration of intent to alienate the municipality, which had then waived its right of pre-emption. The sale ultimately did not go through. I found a new buyer. Is it necessary to re-declare to the municipality…
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I am in the process of divorcing my husband, the non-conciliation order has just been made. If I acquire a property (married in community regime), will it belong to me in its entirety?

Buying real estate during divorce proceedings is possible, but the operation is risky. Under the old contentious divorce regime (procedures initiated before January 1, 2021, as in your case), the date of the effects of the divorce between the spouses is fixed on the date of the ONC, subject to…
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Following unpaid rent, I obtained the judicial termination of the lease and an eviction judgment. The accommodation is in Martinique. Can the tenant benefit from the "winter break" from November 1st?

Pursuant to Article L.412-6 of the Code of Civil Enforcement Procedures (CPCE), the winter truce which suspends any execution of an eviction extends from November 1 to March 31 of the following year in Metropolitan France. But in Guyana, Guadeloupe, Martinique, Reunion Islands and Mayotte, the period of suspension of…
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I bought a VEFA property. My apartment was to be delivered at the end of October 2019. Delivery has been pushed back to the end of October 2020. Can I ask him to pay me compensation for this delay?

Yes, you can claim late delivery penalties or damages from your developer, if the delay causes you prejudice (e.g., rental of a storage unit for your furniture, accommodation costs, etc.). However, your promoter may not be held liable if there is a legitimate reason (bad weather, late delivery of materials…
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My grandfather gave me a piece of land. The deed of gift contains an inalienability clause valid until his death. I need to borrow money from a bank. Can the latter register a mortgage on my land?

Yes . If the inalienability clause has the effect of prohibiting you from selling or giving away the property you have received, it is always possible for your creditors to take out a mortgage registration on the property given (Civ. 1e, Oct. 9, 1985, n°84-13.306 concerning a judicial mortgage and…
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