Acte Authentique, removal of one name

[KevinH]

Hi All

We have recently started the purchase of a house in Normandie. We both (myself and my wife) have signed the compromis de vente and the acte authentique is due to be signed in January 2005, but since finding out about French succession laws we have decided to put the house in my wifes name only. We have notified our agent immobilier of our decision and he thinks we will have to go through the process again with my wife only signing the compromis de vente etc.

Has anyone done anything similar ie changed the number of parties signing the contracts halfway through the sales procedure?

I would be very interested to know. Thank you.

Kevin.

[Brian -there must be a way]

Not had experience of this, but how would it benefit you?  If you have children they are the successors of either of you not just both.  There are so many ways to get over this problem without jumping in with a knee jerk reaction which nearly always backfires in France!! 

Sue not Brian

[Nick Trollope]

As Sue not Brian suggests, I doubt that the names on the Acte will have any bearing on a succession - French law is very clear (ish!) where death is concerned. You need to speak to your Notaire (not your Agent) as a matter of urgency (not least because the Vendors could claim your deposit if you fail to complete the purchase as laid down in the compromis).

FWIW IME, if you are married, then the rules are quite straitforward - you can't disinherit your (or yours partners) children, where property is involved. There has been lots of discussion on this (and other) forums about this, but again, French law is VERY different from English law.

Take advice (if you go to the Notaire handling the sale, it will probably be "free").