Lawyer for an international marriage contract Paris Batignolles in Triangle d'Or

Lawyer for an international marriage contract Paris Batignolles in Triangle d'Or
If the marriage is ratified abroad and has been preceded by a marriage contract, are there any formalities to observe?

If the marriage is ratified abroad and has been preceded by a marriage contract, are there any formalities to observe?

If the marriage has been ratified abroad it will be necessary at the time of the transcription of your marriage to indicate the existence of a possible marriage contract previously established so that mention is made thereof in the margin of your marriage act. This mention will also be indicated in your family register. 
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In the absence of a marriage contract, how can the spouses' matrimonial regime be determined?

In the absence of a marriage contract, how can the spouses' matrimonial regime be determined?

Even without a marriage contract, the spouses are necessarily subject to a matrimonial regime and their marriage entails financial consequences towards each other and third parties. In the absence of a marriage contract, the law implicitly chosen by the spouses in order to define their matrimonial regime must be determined. The rules in order to determine this "implicit choice" are different according to whether the spouses were married before or after 1 September 1992. *For spouses married after 1 September 1992 The provisions of the Hague Convention of 14 March 1978, which came into force on 1 September 1992 in France and several other countries, apply. The nature of this convention is "universal", i.e. it also applies to spouses who are nationals of third-party countries that did not sign the Convention, in order to determine their matrimonial regime in France. The principle is set out in article 4, paragraph 1, which provides that in the absence of a marriage contract prior to their union, the spouses are subject to the law of their first habitual country of residence once married. However several exceptions to this principle are provided so as to designate the spouses' common national law instead of the law of their first habitual country of residence. More specifically, these exceptions apply in the absence of a common habitual residence after marriage and with spouses of the same nationality. *For spouses married before 1 September 1992 For spouses married before 1 September 1992, the rules of French international law and case law apply; the latter adopt the principle of freedom of choice and consider that this choice translates by the selection of the spouses' first matrimonial place of residence. However, this matrimonial place of residence must have a certain stability. In general, a period of two years is needed in order to determine the matrimonial place of residence. However, case law specifies that the presumption in favour of the first matrimonial place of residence may be invalidated by other relevant evidence, depending in particular on the behaviour of the spouses once married. 
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Which documents need to be gathered and given to the notary upon the opening of an estate settlement file?

Which documents need to be gathered and given to the notary upon the opening of an estate settlement file?

The deceased's family record book and marriage contract, if any. An extract of the deceased's death certificate.  An authentic copy of the judgement of divorce or legal separation, if any An authentic copy of any gift between spouses the deceased may have formalised Any will the deceased may have drawn up, or name and address of the person who may have said will within their possession. All savings accounts. The bank information for each of the banks within which an account is opened in the name of the deceased and their spouse in the case of shared assets (including any joint bank accounts). Any registered or bearer securities at the place of residence. All documents pertaining to all pensions and retirement benefits received by the deceased or their spouse. The registration certificates for all vehicles belonging to the deceased and their spouse, in the case of shared vehicles. All information and documents concerning any receivables. Any life-insurance policies taken out by the deceased or their spouse (in the case of shared policies). Information on all property owned:  Authentic copies of all real estate acquisition deeds All leases and information on the rentals granted. The latest insurance premium receipts for the buildings. Name and address of the property manager.  Name and address of the property management company All information on the deceased's debts, i.e. all bills paid after their death for expenses incurred before their death: -           + Last illness costs. -           + Funeral expenses. -           + Loans. -           + Last tax notice. -           + Wealth tax. + Property tax. -           + Local tax.  + Miscellaneous bills.  Any information on the benefits the deceased may have received as part of social assistance or the National solidarity fund.   You will also need to provide all information on any gifts made to their children during the marriage, as well as on any gifts or estates received by the deceased or their spouse during the marriage, and on any sale of private property having belonged to the deceased. Depending on the nature of the deceased's assets, additional documents may be required
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Our services in the sector of Paris Batignolles in Triangle d'Or

In what circumstances is it necessary to appoint a tax representative?

In what circumstances is it necessary to appoint a tax representative?

If the transferor is not resident in the EEA, and if the sale price of the real estate property exceeds EUR 150,000, a tax representative must be appointed, unless the property sold has been held for more than 30 years. This requirement applies even when there is no capital gain. The seller must foresee this requirement, as the appointment of a tax representative can generate an additional cost for him. We should comment that since 1 January 2015, this obligation to appoint a tax representative was removed for taxpayers resident in the EU and EEA (except for Liechtenstein) in regard to real estate capital gains for individuals
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Can I choose the Notary  anywhere in France ?

Can I choose the Notary anywhere in France ?

Yes you can choose a notary anywhere in France to assist your in a property purchase. The purchaser and the seller can have different notaires, and  this will not incur any extra charges or fees
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Our area of ​​activity for this service Lawyer for an international marriage contract

Can the outbuildings of the principal residence also enjoy exemption from real estate capital gains tax?

Can the outbuildings of the principal residence also enjoy exemption from real estate capital gains tax?

Under current law the immediate outbuildings of the primary residence (e.g., the utility room of the same property) enjoy exemption from real estate capital gains tax provided that the disposal of these outbuildings takes place simultaneously with that of the main residence. The disposal will be deemed to have been made simultaneously if the disposals take place within a "normal timeframe". To watch the video of the interview with Ms. Alexandra ETASSE on the role of the notary, notary's fees and buying property, follow this link. 
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You're looking for a lawyer for an estate planning in Paris Batignolles in Triangle d'Or? Get in touch with our team. ETASSE et Associés is a French law firm expert in private international law. Our specialists will advise you on how to hand down your estate, how to plan its transfer and assist you in many other fields. You can also contact ETASSE et Associés if you're looking for a lawyer for a real estate sale in Paris Batignolles in Triangle d'Or.

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