Doodle Posted March 19, 2011 Share Posted March 19, 2011 My english neighbours returned to the uk permanently last year due to ill health and secured sheltered accommodation. Sadly the husband died in december. The house in france was put up for sale while he was still alive and they both signed the necessary agents documents.She has just accepted an offer on it however the house was bought in both names. She has forgotton to inform the agents that he has since died and now wonders how she stands regarding the paperwork for the sale. She has asked me for help and I'm sure someone on the forum will have the answer svp. Is it just a case of providing a death certificate or is there more to it than that?thanks, chris Link to comment Share on other sites More sharing options...
parsnips Posted March 19, 2011 Share Posted March 19, 2011 [quote user="knee gel"]My english neighbours returned to the uk permanently last year due to ill health and secured sheltered accommodation. Sadly the husband died in december. The house in france was put up for sale while he was still alive and they both signed the necessary agents documents.She has just accepted an offer on it however the house was bought in both names. She has forgotton to inform the agents that he has since died and now wonders how she stands regarding the paperwork for the sale. She has asked me for help and I'm sure someone on the forum will have the answer svp. Is it just a case of providing a death certificate or is there more to it than that?thanks, chris[/quote]Hi, As I understand it , the death of a signatory to a sale does not invalidate the sale --the heirs are obliged to continue. However,the surviving spouse does need to have the succession dealt with and a notaire should be contacted ASAP. Whether the sale must be delayed until the succession is completed and what papers are required ,are questions the notaire (find a good english-fluent one) will answer. Link to comment Share on other sites More sharing options...
Doodle Posted March 19, 2011 Author Share Posted March 19, 2011 Thanks parsnips,I have a little more info but don't know if it makes any difference.They were not french resident as they were only here for a maximum of 5 months permanently (with several trips inbetween for treatment) before the decision to move back to the UK. They did not register with CPAM or for paying tax. They bought the house here 'in tontine'They kept an address in the uk on a property they rented but did not own a uk property. They each made an english will early last year. Based on the above info, will she still have to go to a notaire with regards to succession.Sorry, I've not written this particularly well as I'm focusing on a very close friend on another thread!Thanks, Chris Link to comment Share on other sites More sharing options...
idun Posted March 19, 2011 Share Posted March 19, 2011 You used that awful word partner, which actually means 'nothing at all'. So were they a married couple? living together? Even though it was en tontine, it would depend on the value of the property I believe 76k€ is the upper limit. I would certainly recommend getting a notaire ASAP.A friend of ours had a holiday home in France and when his wife died a couple of years ago, even though they had english wills, it came under french inheritence law and the kids were told about their inheritence.Since then they have sold and the kids are being paid their 'part', fortunately they haven't all fallen out about it as the Dad doesn't need this money. Link to comment Share on other sites More sharing options...
Doodle Posted March 19, 2011 Author Share Posted March 19, 2011 idun, yes they were married for around 40 years with 3 children.They bought the house for 45,000 euros and have the bills to prove that they have spent 45,000 euros on renovations ie loft conversion, various building works including, new windows, floors, electrics, etc.The offer accepted is 93,000.Chris Link to comment Share on other sites More sharing options...
parsnips Posted March 19, 2011 Share Posted March 19, 2011 [quote user="knee gel"]idun, yes they were married for around 40 years with 3 children.They bought the house for 45,000 euros and have the bills to prove that they have spent 45,000 euros on renovations ie loft conversion, various building works including, new windows, floors, electrics, etc.The offer accepted is 93,000.Chris[/quote]Hi, As the house was in tontine it now belongs wholly to the survivor (the 76000€ limit does not apply to married couples). However as it is a "maison secondaire" there will be CGT to pay on any taxable gain. As the house has to be sold through a notaire , she should try to find a good english fluent one, who will be able to clear up any succession issues (I believe she will have to get a "certificat de proprété" for the house. Link to comment Share on other sites More sharing options...
Doodle Posted March 19, 2011 Author Share Posted March 19, 2011 Thanks parsnips, I will pass on that she must get an english speaking notaire.Chris Link to comment Share on other sites More sharing options...
idun Posted March 19, 2011 Share Posted March 19, 2011 LOL well you see how being married makes a difference. Link to comment Share on other sites More sharing options...
Doodle Posted March 20, 2011 Author Share Posted March 20, 2011 Indeed, I should be more careful with my wording when asking questions.thanks, Chris Link to comment Share on other sites More sharing options...
Pommier Posted March 20, 2011 Share Posted March 20, 2011 I understood from your first posting that they were married Chris............I think it was the word 'husband' that gave me the clue! Link to comment Share on other sites More sharing options...
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