how to tell?

[benson]

I can't post in the appropriate topic for some reason so I think this is as good.

When we purchase our property we asked for 'Clause tontine' as both myself and my husband have children from previous relationships.  When I went to collect the title deeds there was no mention of this.  How do we know it has been included??

[Patf]

It's not clear from your post whether you have already signed the final contract of sale, or have only been given the compromis to sign. There are no such things as deeds in french house purchase. If you've already completed the purchase then I would think it's too late and you will have to take a different step. If it's the compromis you are dealing with you can still ask for the clause tontine to be included. I don't think it's called clause tontine in the legal documents, but clause aleatoire, which comes under the heading of Propriete - Jouisance. When we signed the final document they had forgotten to include this clause but luckily husband noticed and then had it inserted. Pat. ps I've just seen from your other postings that you do own the property, so check that the document mentions "clause aleatoire" and if not ask the Notaire if it can be amended . If not there's a way round it by changing you marriage status.

[benson]

This is under that section

Can anyone translate this for me?

L'ACQUEREUR sera propriétaire de l'immeuble au moyen et par le seul fait des présentes à compter de ce jour.  Il en aura la jouissance également à compter de ce jour par la prise de possession réelle, l'immeuble étant libre de toute location et occupation ainsi que le VENDEUR le déclare.

Thanx

[Anton Redman]

As Systrans :

The PURCHASER will be owner of the building to the means and by the only fact of present as from this day.  He will have of it the pleasure also as from this day by the real taking possession, the building being free of any hiring and occupation as well as the SALESMAN declares it.

Closer to UK legal but EAOE and don't sue me if I'm wrong

The purchaser will be the owner of the property by deed enacted this day. The seller has declared that the building is free of tenants and is not occupied and the purchaser will have unencumbered possession of the property.

If you are spending serious money I would have the whole contract checked by an English speaking French qualified lawyer. ( I did not )

 

[benson]

Looks like I havn't got it then

So back the notaires do you think i'll have to pay (seeing as it was his mistake??)

[Patf]

Look a bit further down below the bit you've quoted and see if there's a sub-heading " Entre les personnes denommees sous le vocable l'Acquereur" which means " between the people named as buyers". If there is, the clause aleatoire would be below that. Hoping you get it sorted one way or another. Just re-reading this, noticed there's a further paragraph that says ( I think ) that if during our lives we wanted to split up and share the value of the house, this would not be possible. Didn't realise that. Pat.

[benson]

Nope nothing under that heading but i have found a heading before the propriete-jouissance called RAPPORTS DES ACQUEREURS ENTRE EUX which mentions clause aléatoire quite a long paragraph most of which is gobledegoook to me but hopefully this is it. I'd better get it translated though i suppose!

Thanx for your help