Frequently asked questions about Le rôle du notaire

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I had to make a donation-partage to my 3 children. My notary prepared the deed but in the end 2 of my children refused to sign it. The notary is asking me to pay his fees under the "imperfect act". What is it about?

Je devais consentir une donation-partage à mes 3 enfants. Mon notaire a préparé l’acte mais finalement 2 de mes enfants ont refusé de le signer. Le notaire me demande de régler ses émoluments au titre de « l’acte imparfait ». De quoi s’agit-il ? The imperfect deed is the deed…
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I am taking out a loan, and the bank requires a mortgage to be registered on my property. For cost reasons I would like the bank to handle the formalities. My notary says this is impossible. Is that true?

Yes. For a mortgage to be valid it must be executed by notarial deed (Civil Code, Article 2409). The notary handles registration and publication with the land registry service. The mortgage then becomes enforceable against third parties. The notary must practice in France if the property is located in France…
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My father has just passed away. He had very little wealth. Am I required to have an act of notoriety to unlock my bank assets?

Everything will depend on the total amount of the deceased's financial assets. To be able to obtain the payment of the funds, you must provide the bank with an affidavit drawn up by a notary if the amount is greater than 5000 euros. On the other hand, if the amount…
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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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