Frequently asked questions about Immobilier

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My wife has just passed away. We owned our primary residence. As part of the inheritance tax declaration, am I obliged to apply the 20% deduction on the principal residence of the deceased? ?

Yes. The General Tax Code provides, for the calculation of inheritance tax, that buildings are valued according to their real market value on the date of death. But, with regard to the main residence of the deceased, article 764 bis of the CGI provides for the automatic application of a…
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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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My tenant passed away. I learned from his neighbors that he had been accommodating his brother for two years. Can I still get my property back?

It depends. On the tenant’s death, the lease can be transferred to certain individuals expressly covered by the law (art. 14 law n°89-462 of July 6, 1989). Thus, if your tenant’s brother was dependent on the latter and lived with him for at least one year on the date of…
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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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My father is single, and we are 4 children. I want to buy a piece of land to give it to the latter. However, I do not wish to be in joint ownership with my brothers and sisters upon his death. I heard about the conventional return clause. What is it about

The return clause inserted in the deed of gift allows the donor to recover ownership of the donated property, either in the event that the beneficiary of the donation dies before him, or in the event of the predecease of the beneficiary and his descendants (art. 951 Civil Code). It…
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