Inheritance : an equal distribution of the estate between the Heirs

Inheritance in French Law If your children are all from the same union, they may inherit the estate located in France and in particular the Property located in France.  This inheritance is governed by French inheritance law. If there is no will affecting the distribution of the estate between two heirs, the inheritance rights are divided […]

Inheritance of a property bought by an English married couple

Example: If a couple got married in England and their marriage is governed by English law which retains separate estate system. French law recognizes the separates estate system, and in the case of the inheritance of a property, the surviving spouse inherits of the « usufruit » which reserves the right of the surviving spouse to continue […]

The rules of inheritance of a French Property

The issue is to determine the surviving spouse’s right over the French Property. I have chosen to analyse (a) the French regime which applies the principle of lex rei sitae, followed (b) by the legal certainty you may find in choosing, under the Regulation, the applicable law of succession, and (c) the current tax law […]

The fate of the Property during marriage and in the case of divorce

If you acquire a Property and the deed of sale designates you as the sole owner, so that only any potential personal creditors may be entitled to initiate an action to seize the Property; therefore, excluding your creditors, the only possible way your ownership could be jeopardized is in the case of divorce. Under French […]

The legal consequences of a marriage on your French property

What are the legal consequences of a marriage on your French property ? The principles applicable to the Property are determined by the following scenarios (i) in the case of divorce, Family law will mainly govern the fate of the Property, and (ii) in the case of death, succession law will apply. The latter will […]

What is a “copropriété” ?

What is a copropriété, a co-owned building? When investing in the South of France, you might buy a flat in a building. The flat is in a copropriété – a co owned building, to which each owners is obliged to respect the rules and pay regularly “charges” to participate to the costs generated by the […]

What is a “Compromis de vente” ?

When both parties reach an agreement about the sale of a property, the buyer and the seller sign a deed called a “compromis”. This deed is a preliminary contract to the final deed. It does not need to be done before a notary but we strongly recommend that you do it with legal advice because […]

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