Do we need children’s permission to sell our french home?

Connexionfrance

Do we need children’s permission to sell our french home?"


Play all audios:

Loading...

ANTONIA RIDLEY-HUGHES OF ASHTONS LEGAL, ANSWERS A READER QUERY READER QUESTION: DOES A COUPLE NEED PERMISSION FROM THEIR CHILDREN TO SELL THE FRENCH HOUSE THEY STAND TO INHERIT A PART OF?


Where the couple are absolute owners, they can dispose of the property at their discretion during their lifetime. They do not need permission from children. If you have already written a


will that refers to a house, just rewrite it as appropriate once you have sold the house. Permission will be needed, however, if the children are part-owners in the home. This includes, for


example, if they own the _nue-propriété_ in the property while the parents own the lifetime right to use it. Also, the position is not so simple on the first death, unless everything has


been carefully planned. The devolution of the property depends on how it is owned, the nature of the couple’s relationship, and the applicable succession law. Where the property is owned _en


tontine_, the survivor will be treated as if they had always been the sole owner of the property. As such, they retain the right to sell. READ MORE: IS FRENCH TONTINE ARRANGEMENT AFFECTED


BY INHERITANCE LAW CHANGES? COMPLICATIONS MAY ARISE IF CHILDREN HAVE DIFFERENT PARENTS However, if the property is owned _en indivision_, the property will pass under French intestacy rules,


in the absence of any will. Where French succession law applies, the survivor will only have an automatic right to the deceased’s share if they are a spouse by marriage. A cohabitee or


civil partner is not acknowledged in the same way. Furthermore, French law includes forced heirship rules, under which a biological or adopted child is entitled to inherit a share of their


deceased parent’s assets. In either case, a co-ownership will arise and it is likely the survivor would need to obtain permission from the children to sell. This is even the case for a


spouse, despite inheriting a portion of their deceased’s share themselves. The arrangement can be particularly complex where the children are not mutual to both partners. RELATED ARTICLES


MARRIED, PACS, COHABIT: YOUR FRENCH HOME RIGHTS AFTER PARTNER’S DEATH WHAT IS FRANCE’S CERTIFICATE OF INHERITANCE, WHEN DO I NEED IT?


Trending News

Author correction: abundance and diversity of the faecal resistome in slaughter pigs and broilers in nine european countries

Correction to: _Nature Microbiology_ https://doi.org/10.1038/s41564-018-0192-9, published online 23 July 2018. In the ve...

Efficient organic photovoltaic diodes based on doped pentacene

ABSTRACT Recent work on solar cells based on interpenetrating polymer networks1,2,3 and solid-state dye-sensitized devic...

Epigenetic and proteomic expression changes promoted by eating addictive-like behavior

ABSTRACT An increasing perspective conceptualizes obesity and overeating as disorders related to addictive-like processe...

Fusion CX files DRHP with Sebi to raise ₹1,000 cr via IPO route

Fusion CX, a customer support outsourcing solutions provider, has filed the draft red herring prospectus (DRHP) with cap...

Levon Helm ‘one of the last true great spirits,’ writes Bob Dylan

This article was originally on a blog post platform and may be missing photos, graphics or links. See About archive blog...

Latests News

Do we need children’s permission to sell our french home?

ANTONIA RIDLEY-HUGHES OF ASHTONS LEGAL, ANSWERS A READER QUERY READER QUESTION: DOES A COUPLE NEED PERMISSION FROM THEIR...

Defoe reveals chivers inspiration at half-time

The 31-year-old's 67th-minute penalty in the 2-1 UEFA Europa League victory over Sheriff on Thursday saw him score ...

The grandmother of juneteenth launched a movement

Memorial Day Sale! Join AARP for just $11 per year with a 5-year membership Join now and get a FREE gift. Expires 6/4  G...

Signature fraud over paris flats costs owner over €1 million

STOLEN SIGNATURE WAS USED TO SIGN OFF ON PROPERTY SHARE TRANSFERS A property owner in France claims he has been left mor...

Criminals steal $200,000 from a volunteer fire department

(MUSIC INTRO) [00:00:01] Bob: This week on The Perfect Scam. [00:00:03] Eric Bernard: When we were headed to the hospita...

Top