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Experience of Société Civile Immobilière.

Posted by AbbieR - Created: 14 years ago
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3 replies (Showing replies: 1 to 3)

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Posted by Pervinca - 13 years ago

I was also persuaded to b uy a property with  a SCI to get round the in heritance laws for children and the fact I'm not yet married to my longtime partner, but the notary forget to tell me that it only works if you are NOT resident in France, and the moment you are resident then the laws apply: all children are "protected heirs" and there's no way round this, even if your partner wants to cut out one of them for  various reasons and leave the property to his wife/partner  he can't.Also the     " convivente" is no longer protected, and if the partner dies then she must  also pay 60 percent inheritance tax to the fisc.

We're now selling the flat since the SCI is useless for our purposes. I was told that we could buy a property "en tontine" to  better protect our intererests but recently I discovered that  this is only applicable up to a property value of 76,000 euros, which by the way is the allowance for a married couple before they pay inheritance tax.  The only way out is marriage! No way we're going to pay half to a child (by his previous marriage who is well off and with whom he hasn't been in touch for 20 yrs, her choice) and 60 percent to the fisc.   We're probably going back to Italy, it has its faults b ut not such iniquitous laws. And while we're on the subject, try and find a notaire who'll tell you about the "en tontine" clause.

I'm amazed that Frenchwomen put up with these antiquated Napoleonic laws: up to very recently  (last year)

a French wife (if her husband didn't really love her and take certain steps to protect her interests in the event of his death) came after any children (also of previous marriages or illegitimate children) , his parents, grandparents ,  his brothers and sisters.....and many an elderly  widowed wife found herself with a suitcase ont he doorstep. Now at least she has usufruit of the property till her death, they can't turf her out. 

It's a strange country, all this talk about Republican values and equality but women are treated worse here than in any other country in the EU.   Possibly in the _world_.  

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Posted by Zeynep-183200 - 13 years ago

Hi Agust - I would be interested to hear your experience on setting up an SCI to buy a house. Namely:

- how much did it cost and how long did it take

- what are annual costs of maintaining the SCI are

- how much (if any) tax and other costs did it save you to have an SCI rather than own the property directly yourselves.

Thanks for your help,

Zeynep

 

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Posted by Agust - 14 years ago

Hi Abbie, We resently bought a villa in France using SCI.Not that I'm am expert on the issue but it did suit us, so if you have any questions ask. Also regarding fosterchildren this is not a problem since you can provide for them in your "Frence" will. Since SCI is a Frence entety it is governed by Frence law. Yours Agust