Etasse et Associés, notary office Paris Batignolles in Triangle d'Or

In France, Notaires have exclusive authority for preparing and drafting  deeds of sale. Once you have chosen a property and agreed on the purchase price, you will typically be asked to sign a preliminary contract which may be drafted by an estate agent or by the notaire. You will also be required to pay a deposit, usually 10% of the purchase price. There is a mandatory cooling off period of ten  days during which the purchaser may withdraw. As part of the sale process, the seller is required to arrange for a number of inspection reports on the property The main reports currently produced relate to  : Asbestos , lead , termites , energy efficiency , environmental, mining and industrial risks , gas installations, electrical wiring, septic tanks. After the preliminary contract has been signed, the notaire will check : -that each contracting party is qualified and empowered to sell or purchase the property - that the seller has a valid title to the property - that the title of ownership does not contain any easements or restrictions, - that no mortgage or charges exist over the property and that all rights of pre- emption have been waived. After completion, the Notaire is responsible for having the title deed recorded at the Land Registry. Finally, consideration must be given at an early stage to who is going to purchase the property. The answer to this question will depend on the personal circumstances of the purchaser, the situation regarding inheritance taxes and the legal implications arising from the purchase.  Please feel free to contact Alexandra ETASSE before signing the preliminary contract to obtain further information and to analyse together what is the most suitable ownership arrangement for you in the purchase of a property in France

The lender's preferential right is a security interest on the property. This security is unknown in most States. In an international context the PPD cannot always be used. The validity of the PPD assumes that it is recognised under the law of the country where the property is located (French law) and under the law applicable to the loan agreement. Conversely the lender's preferential right will not be recognised if it unknown in either of these two law systems. If the property is located in France and if French law is applicable to the loan agreement, a PPD may be taken

Marriage, a union and mutual commitment between two people, is considered as being international in the three following scenarios: the union of two French nationals living abroad, of two foreign nationals living in France, or two spouses of different nationalities. Though these situations are increasingly frequent, special attention however needs to be paid to the requirements for international marriages to be recognised in order to ensure the latter's full effectiveness and avoid any subsequent difficulties. Generally speaking, to be recognised, a marriage must comply with the local rules applicable in the location where the marriage was celebrated, as regards the formal requirements (ex: civil or religious marriage, etc.) and the personal rules applicable to the spouses (depending on their nationality), as regards substantive requirements (ex: age of majority). The situation of French nationals abroad and foreign nationals in France must thus be distinguished. * conditions for the recognition of marriages between French nationals abroad: Many formalities must imperatively be observed should French nationals marry abroad. Before marrying, the future spouses will need to request the French consulate of the country in which the marriage is to be celebrated to establish a "certificate of no impediment". Next, the spouses will need to "publish the banns". Finally, the marriage will imperatively need to be recorded in the French civil status registers. To do so, the spouses will need to contact the French Consulate or Embassy. *conditions for the recognition of marriages between foreign nationals in France: In this case, the local rules – i.e. the French rules – will apply. The marriage will thus be celebrated before a French Civil Registrar. If the two spouses share the same foreign nationality, their marriage may also sometimes be celebrated in front of their country's consular or diplomatic authorities. However, the substantive requirements under the law of each of the spouses' countries will need to be observed (ex: as regards the age of majority) and the spouses will need to make sure that their national laws do not impose a religious celebration as a condition for validity. If the foreign law imposes the latter requirement, it would then be in the spouses' best interest to carry out a religious marriage after the civil marriage in order to ensure the effectiveness of their union in their country of origin.

The gift between spouses, also called "gift to the last survivor" is very often used by couples wishing to increase their protection in the event of death. But this institution is little known abroad. It is unknown under some law systems, while others prohibit it. Moreover, in an international context, a gift between spouses can raise difficulties. To avoid such difficulties, it often appears wiser for a couple owning assets abroad or living abroad or when at least one of the partners is of foreign nationality, to make wills. Spouses may establish themselves by will reciprocally as sole legatees. Thus the objective sought by the gift between spouses, namely to increase the protection of the surviving spouse, will be achieved. 

Alexandra Etasse, in charge of the International Department of ETASSE et Associes, will assist you in the settlement of international estates. She  will provide you with the best advice on the often complex problems related to the existence of foreign legal vehicles (such as trusts) or on questions of international taxation. To accomplish this, it may be necessary for our International Department to work with other lawyers specialising in foreign law. The International Department of the ETASSE et Associes law office will draft the legal and tax instruments (act of notoriety, succession declaration, deed of partition, etc.)

The Hague Convention of 14 March 1978 provides for various cases of automatic change in matrimonial regime merely because of a change of residence. We often talk about "involuntary" change of matrimonial regime, of "time bomb" and of "unsafe" automatic mutability because many spouses are unaware that they have changed their matrimonial regime simply by having moved. What is more, when spouses do become aware of the situation, it is often too late. This automatic mutability can present considerable difficulties in determining the property owned by each spouse, particularly in the context of an estate or divorce settlement. This risk is a real one for all spouses married after 1 September 1992 and who did not sign a prenuptial contract before their wedding or specify under which law they married. For them, the law on habitual residence will replace the previously applicable law in three situations: *When the couple set their new habitual residence in the territory of the State of which they are both nationals. In this case the spouses are automatically and immediately subject to the law of that State. (Example: two French nationals had settled in England after their marriage in 1994. No marriage contract had been signed. If they return to settle in France, they will automatically be subject to French law and therefore the legal regime of community of aquests (limited to assets acquired after the marriage). *When the couple establish their habitual residence for at least 10 years in a country different from that of their first marital residence. In this situation, from the 11th year, the law of the State where the spouses have their habitual residence will replace the law previously applicable. * If the spouses were previously subject to their common national law in the absence of common residence in the same State at the time of marriage. However, it is necessary that the State of nationality has not made a declaration in favour of the national law. (Example: two Moroccan spouses were married in Morocco in 1995, without a prenuptial contract prior to their marriage. The husband was already working in France and returned there to live after the wedding while his wife remained in Morocco. In the absence of a common habitual residence, the spouses were therefore subject to Moroccan law and separation of property. When the wife came to join her husband in France, the couple automatically became subject to the French legal regime of community of acquests (limited to assets acquired after the marriage). ) To avoid the difficulties entailed by this automatic change of matrimonial regime, it is strongly recommended, in an international context, to have a marriage contract drawn up in presence of a notary in order to fix the choice of matrimonial regime. To this end, Ms. Alexandra ETASSE, in charge of the International Department of the Etasse et Associés law office, will advise and assist you in choosing the matrimonial regime best suited to your situation.