French Property Law
Promesse de vente (French Property Sale contract)
French Property Law FAQs
Replies to queries posted to contact@frenchpropertylaw.com will be updated here
Is a donor free to make lifetime gifts any French Property without any restrictions?
As with wills and French Inheritance Laws, there are restrictions on the portions that can be donated during a persons lifetime. The French Inheritance Law is based on the philosophy of the patrimoine de famille and retaining the property within the linear family line, rather than providing for the entitlement of non-blood related individuals (this includes spouses).
The French Inheritance Laws are discussed on the Inheritance page, these rules also apply during the donor's lifetime. There is no absolute freedom of disposition as a specified proportion of the estate is designated as reserved for the heirs (héritiers réservataires). These restrictions also mean that gifts made from one person to any person other than the heirs may be made only from the unreserved portion. Valuations of the reserved portion is only completed on the death of the donor. If it is found that the gifts given during the lifetime encroach on the reserved portion, adjustments are made via any legacies and then lifetime gifts.
It is for this reason that the procedure of gifting French property is highly stringent. In order that a record of gifts can be maintained they are made via a Notaire’s Deed.
As two families we are planning to purchase a property in the Gironde. One family has 4 children and the other has no children. What would you suggest as the best way of purchase either as a group or via a company?
It certainly sounds that it would be best for you to consider the SCI (French Property holding company) for reasons of inheritance laws. If not it is likely that the children would retain in interest in the second family's French property and I doubt that this will be an agreeable balance. Please have a look at the Ownership page which gives some details on ownership through an SCI. I hope this is of help and I wish you the best in the Gironde, you should be spoilt for choice for wine and some beautiful scenery to drink it in.
Hello, please can you tell me how long is customary to wait for a deposit to be reimbursed from a notaire after a sale has fallen by the wayside following a death and too many disagreeing successors? We have now signed another compromis de vente and need the money to complete payment
If you paid the 10% deposit through the purchaser's notiare, it is customary for the purchaser's notaire to give notice to the seller's notaire that the purchase has fallen through. If the funds have then been transferred to the seller's notaire then this will have to be sent back. It is unfortunately one of those items which as far as a notaire sees it risks becoming a low priority. The only way to speed this up is to continually put pressure on the notaire to chase up and send through the funds. In terms of time, this should easily be done within a couple of working days.
French Property Law Links
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