Frequently asked questions about Immobilier

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I am cohabiting and I intend to buy out my partner’s share. I have been told about a preferential partition duty. Can I benefit from it?

No. Unlike partitions following legal separation, divorce or the dissolution of a civil partnership (PACS), cohabitation does not benefit from the preferential partition duty of 1.10% on the net assets divided. The applicable rate between cohabitants is 2.50%, or even 5.80% where balancing payments are made (Arts. 746 and 747…
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I am married under the community property regime, but the family home belongs entirely to me. I have two children from a previous relationship. I’ve been told that if I were to pass away, my wife would have to leave the home. Is this true?

No. Pursuant to Article 764 of the French Civil Code, the surviving spouse may request a lifetime right of use and habitation (droit d’usage et d’habitation viager) over the property that was effectively used as the couple’s main residence at the time of death.
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I am simultaneously selling my principal residence and a garden as building land. Am I exempt from capital gains tax on the entire transaction?

No. The law provides that “where land constituting a dependency of the principal residence is sold as building land, the exemption [from capital gains tax] does not apply” (BOI-RFPI-PVI-10-40-10, § 340). Reminder: Capital gains tax is calculated on the difference between the acquisition price and the sale price of real…
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I rent an apartment to a 68-year-old tenant. I wish to take it back to live in because it has an elevator, which is useful for me at 70. I have been told that my tenant is protected and that I cannot give notice. Is this true?

No. You may reclaim your property because the statutory protection granted to the tenant under Article 15 of the Law of 6 July 1989 does not apply if the landlord is over sixty-five years of age or if his annual income is below the applicable resource ceiling for the allocation…
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I am a tenant and have just learned of my landlord’s death. The automatic payments for my rent have been rejected. What can I do, since I do not know the identity of the heirs?

Please note that your lease continues to be valid until a formal notice of termination is issued by the heirs, in accordance with the procedures set out in Article 15 of the Law of 6 July 1989. You may send a registered letter with acknowledgment of receipt to your landlord’s…
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