Frequently asked questions about Immobilier

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I am married under the regime of community of property reduced to acquisitions. My husband has inherited an undivided share in a real estate property. Today, we wish to purchase the share of his co-owner. Will I become the owner of the property?

No. Under the community of acquisitions regime, assets received by way of succession are considered separate property of the spouse who inherits them (Article 1405, paragraph 1 of the French Civil Code). Consequently, the undivided share inherited by your spouse is his separate property. If you purchase the share of…
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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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I am selling a property at auction to be held at my notary’s office. Am I required to provide the mandatory technical inspections for the sale?

Yes. The law provides that in the case of a public sale, the technical inspection report must be attached to the terms and conditions of sale (Article L271-4, I of the French Construction and Housing Code). The technical inspections (such as lead and asbestos checks) are documents prepared by a…
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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 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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