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Property and surviving spouse

Posted by my key - Created: 3 years ago
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6 replies (Showing replies: 1 to 6)

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Posted by Kanak - 3 years ago

I think my key wanted to know about registering the title deeds.  There have been loads of posts about wills, but that was not the question. Much will depend on whether there has been a donation entre épouses, children, divorce, régime matrimonial change etc., and maybe my key will want to study this for his/her own future use.  If you think about it, signing to sell a house if you are deceased isn't possible, I think it is for that the land registry has to be updated.

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Posted by countrydweller - 3 years ago

MY KEY-French inheritance law is different to UK inheritance law which means that if you have children through your marriage they will inherit as a right part of the property on the death of a spouse and if there are children from previous marriages they inherit a chunk as well depending upon which spouse dies first so your assumption is only partly correct.You can now make a will according to UK inheritance law so that you decide who automatically gets the property rather than suddenly finding your spouse has only got half of the house!!!! See a notaire if you want to make a UK will but remember french inheritance tax applies.

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Posted by geegee42 - 3 years ago

Normally it's because you actually inherit half of the property, when in joint names you own half each, also its normal if there are children involved , for the unowned half to be shared amongst the children, its also not unusual to have to pay inheritance tax on the bit you inherit, laws changed this year but only affect people who have written new will covered by English law, whatever the notaire tells you will be correct.

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Posted by my key - 3 years ago

Our friend is going through the legal channels, all I know is that the house was jointly owned and wondered if it is usual to have to change the title, we assumed it would pass to the surviving spouse.

Thought maybe someone has gone through this situation, just for our own information.

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Posted by Kanak - 3 years ago

it's nice to help a friend, especially in a difficult moment, and there are certainly lots of administrative things to do within certain time-frames after a death.   Some paperwork can only be done by a notaire.  Fees are according to fixed scales, which are published.  Your friend may be talking about an attestation immobilière, which can be used to change the deeds in the fichier des hypothèques, so that ownership is established and the succession can be set up.  It seems to be much more complicated here due to the rigid way of transmitting property, so go to a notaire who will explain it all properly in your friend's particular case.

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Posted by countrydweller - 3 years ago

First question is Who told him this ?Was it some bloke down the pub or the notaire?Now obviously if it was the notaire he needs to do it;Did they write out an English will or is all being dealt with by French Inheritance law? so is he the sole owner or are their children with a claim if the latter applies?