Frequently asked questions about Immobilier

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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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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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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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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 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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