Lawyer legal advice on real estate law Cannes in French Riviera

In an international context, the future spouses will need to anticipate the issue of determining their matrimonial regime. To this end, the international department of ETASSE et Associés advises its French clients living abroad or foreign clients living in France, in order to determine the most suitable matrimonial regime for their situation. Only a marriage contract may guarantee spouses the legal security and stability in an international context. For spouses already married, the international department assists them with any change in the applicable law or regime. 

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

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

Alexandra ETASSE, in charge of the law firm's International Department, is a certified specialist of Private International Law Her dual training and professional experience, both in France and abroad, enables her to assist international clients, border residents, or clients residing outside of France, for the purchase, financing and estate planning. mortgages or financing, and any other subjects pertaining to legal and taxation aspects as regards real estate ownership. She also helps her clients find the most suitable way in which to acquire property in France and structure the financing and purchase of real estate in France. She mainly handles international cases, in particular for English-speaking clients or any other international clients, for the acquisition and sale of property in France, cross-border financing, loans carried out by foreign citizens, and any other issues pertaining to the legal and fiscal aspects of real estate. For all matters fitting into an international context and real estate transactions, or financing plans, the International Department of ETASSE et Associés law firm assists and advises its clients whether they be foreign, non-residents, border residents and expatriates or French people residing abroad. The International Department of ETASSE et Associes will assist you in any purchase or sale in France with an international aspect, be it that you are foreigners without a command of French, or French nationals abroad, or even in a cross-border situation. The International Department of ETASSE et Associes will take charge of drafting the compromis de vente (sales commitment) or promesse de vente (sales undertaking) and the final deed of sale while providing you with expert advice on Private International Law. We will give you guidance throughout your project so that it can be achieved with the greatest possible success. As soon as we receive the documents pertaining to your file, the International Department of ETASSE et Associes will carry out a comprehensive study in order to discuss with you all the questions that concern you regarding taxation (e.g.: advice on the ISF wealth tax and international taxation), real estate capital gains for non-residents, notary's fees, setting up financing in an international context, deciding on your matrimonial regime, estate planning, protection of the spouse and/or heirs. … Naturally, all the legal particularities occurring in your case will be analysed as will the specificities relating to any international considerations. The objective of Alexandra Etasse and of the International Department of ETASSE et Associes is to answer your questions, assist you in your purchase or sale project and to ensure complete legal certainty.

          The application of social charges to capital gains realised by non-residents is currently the subject of a procedure against the French State. The French Council of State (“Conseil d’Etat”) has also referred a question to the ECJ for a preliminary ruling on whether these social charges can be levied on persons not benefiting from the scheme that these contributions are intended to fund. To date, the issue of the payment of social charges by non-residents is still not fully resolved. However, it would appear that the Direction générale des finances publiques (the French Department of Public Revenue) has communicated guidelines to its regional branches with a view to ensuring that the Land Registry Office and local tax offices should no longer require the payment of social charges in the situations covered by the ECJ case law of February 2015 and that of the Council of State of July 2015. It would therefore seem that in the current state of the law, sales of real estate undertaken by taxpayers from a social security scheme of another Member State of the EEA will not entail the payment of social charges. However, it is necessary for the taxpayer in question to provide evidence to their notary of their affiliation to a social security scheme in a foreign Member State of the EU or EEA, by means of either a social security card or a certificate of affiliation.

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.