Frequently asked questions about Immobilier

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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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Last week, I signed a lease for an apartment, but I am not scheduled to move in until the end of the month. I have just found another property that suits me better. Can I withdraw from the lease?

No. The lease you signed must include certain mandatory information, including the effective date and the duration of the lease, as required by Article 3 of Law No. 89-462 of 6 July 1989. In most cases, the effective date is the date the lease is signed, not the date of…
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I rent a property that I partly use as my residence and partly for professional purposes. My partner and I are planning to get married. Will she automatically become a co-holder of the lease with me?

No. The co-tenancy rights granted to spouses under Article 1751 of the French Civil Code apply only to leases for premises used exclusively as a family residence. Since the property is used for both residential and professional purposes (mixed use), your spouse will not automatically become a co-holder of the…
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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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