Notary for donation with right of usufruct Biarritz in the Basque Country

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. 

We refer to an international estate when the inheritance has an international aspect. So there will be an international estate if the deceased held an asset in at least one country other than that of his nationality or residence, or if the deceased dies in a country other than that of his nationality or residence. 

When French law is applicable to a succession, the French Civil code foresees that a determined part of the deceased's heritage must compulsorily be assigned to the children, namely half in presence of one child, two third in presence of two children, and three quarter in presence of three or more children. 

  Yes, both members of a separated couple can benefit from the exemption in respect of the sale of the principal residence even if one member of the couple continues to live in the property. The exemption is subject to the fact that the property really was the couple's principal residence until the time of separation and that it subsequently continues to be the main residence of one member of the couple. 

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.

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