Frequently asked questions about Immobilier

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I am 85 years old. Is there an age limit for selling a life annuity?

No . The law does not impose a maximum age for selling a life annuity; on the other hand, this sale supposes a hazard, based on the lifespan of the seller. If it is shown that the purchaser, when signing the contract, could not ignore the high probability of the…
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We are 4 cousins, and our aunt gave us the bare ownership of one of her apartments while retaining the usufruct. We all want to sell it, but she is against it. Can we get legal permission to sell it?

No . When the ownership of an asset is dismembered, i.e., divided between a bare owner and a usufructuary, in principle the judge cannot authorize the sale of the asset against the will of the usufructuary (art. 815 -5 C. civ.).
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I acquired an apartment located in a co-ownership 1 year ago. My seller had been using the adjoining garden, which is a common part, for 29 years. Can I argue for this 30-year-old use (29 years for my seller and 1 year for me) to become the owner ...

... of the garden? Non. Les juges autorisent l’acquisition par un copropriétaire d’une partie commune par l'effet de sa possession lorsque toutes les conditions sont réunies, notamment le fait de se comporter comme le propriétaire du bien depuis au moins 30 ans ( Cass. Civ.3e, 11 juill. 2019, n°18-17-771). En…
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I am in joint possession with my sister on a house. We signed a sales agreement with a buyer. My sister wants me to collect the full price. Is she still required to come and sign the deed of sale?

Yes. The notary responsible for drawing up the deed of sale must obtain the consent to the sale of all the joint owners. As regards the breakdown of the sale price by the notary, it is made in proportion to your respective joint rights. Note : if your sister decides…
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